International child abduction

What you can do if your child is abducted?

Central Authority Functions

The United Kingdom is party to two international conventions under which legal procedures have been agreed with certain countries to assist in the return of a child who has been abducted or to help arrange contact. These conventions were incorporated into UK law by the Child Abduction and Custody Act 1985. Under the convention the Minister for Justice acts as Central Authority in Scotland and his functions are supported by the Scottish Government Justice Department. Staff provide advice to parents, solicitors and others on the steps that they may take to recover children wrongfully removed from their place of habitual residence and for enforcement of contact rights.

If your child has been wrongfully removed from Scotland:

If it is known that the child is in one of the countries covered by the conventions, then an application may be made for the return of the child or for contact to be arranged. Application forms can be obtained from the Civil Justice & International Division. The completed application should be returned to that Division together with copies of relevant documents. If necessary, the Civil Justice & International Division will arrange for translations and will then forward the application to the Central Authority of the country to which the child has been taken. The Division will, thereafter, maintain contact between the applicant and the authorities abroad and will do all it can to press for a speedy resolution. The countries covered by the conventions all have different legal systems and it is important to remember that although each country will apply the same principles, their procedures may be very different.

If your child has been wrongfully removed to Scotland :

When the Civil Justice & International Division receives an application it will normally be passed for action to a firm of solicitors familiar with such cases. A certificate allowing the applicant to receive legal aid without enquiry into resources or merits will also be forwarded to the firm of solicitors. Any court hearings will be in the Court of Session in Edinburgh although applicants are not normally required to attend. Procedures are in place to ensure that such cases are held as quickly as possible. Advice about how to make an application to the Civil Justice & International Division can be obtained from your local Central Authority.

Applications and further information can be obtained from:

Marcus Houston
Tel No: (+44) 0131 244 4827
E-mail: marcus.houston@scotland.gov.uk

David Berry
Tel No: (+44) 0131 244 4826
E-mail: david.berry@scotland.gov.uk

Scottish Government Justice Department
Second Floor West
St Andrews House House
Regent Road
Edinburgh
EH1 3DG

You can also contact Reunite (National Council for Abducted Children). This is a charitable organisation whose main aims are to prevent child abduction and to advise on the recovery of those children who have been abducted.

Further information about Reunite can be obtained from:

Reunite
PO Box 24875
London
E1 6FR
Tel No: (+44) 0171 375 3440