Criminal Consequences of International Child Abduction

In the United Kingdom

England and Whales

International child abduction is a criminal offence punishable by penalties and prosecutions.

A person guilty of an offence under this Part of this Act shall be liable:

  1. on summary conviction, which constitutes a less serious offence, imprisonment is for a term not exceeding three months or to a fine not exceeding the statutory maximum
  2. on conviction on indictment is a serious criminal offence heard in a higher court [Crown Court]; imprisonment is for a term not exceeding seven years.

Scotland

Under Scottish Law the following penalties and prosecutions apply:

A person guilty of an offence under this Part of this Act shall be liable

  1. on summary conviction, which is considered a less serious offence, imprisonment is for a term not exceeding three months or to a fine not exceeding the statutory maximum or both
  2. on conviction on indictment is a serious criminal offence heard in a higher court, imprisonment is for a term not exceeding two years or to a fine, or both.

In the United States

International child abduction is criminal offence which incurs the following:

  • The offence is punishable by a fine, imprisonment for not more than three years, or both.

In Canada

International child abduction is considered a criminal act in Canada:

  • maximum 10 years imprisonment.

Be aware that filing a complaint against the other parent from your country could dissuade the court in the country, in which both the absconding parent and you are in, from ordering the return of the child. Therefore, before initiating legal proceedings,

It is advisable to seek legal guidance from specialists in the country where your child is located.

The purpose of this Convention is:

(a) to secure the prompt return of children wrongfully removed or retained in any signatory state;

(b) to effectively enforce in the other signatory states the rights of custody and visitation existing in a state that is signatory to the Convention.

Article 1 of the Hague Convention of 25 October 1980