WHAT SITUATIONS ARE CLASSIC EXAMPLES OF CHILD ABDUCTION?
- Where one parent secretly travels abroad with the children without the other parent’s knowledge and consent , or despite their known opposition ;
- Where one parent goes on holiday to visit family in his native country with the children, but then remains abroad longer than agreed, against the other parent’s wishes.
- Where parents agree to live abroad with the children for a specific period/purpose (study or employment overseas etc) , retaining their home base, and one of them refuses to return ‘home’ as planned, at the end of the agreed time. The longer the absence from home, however, the more complex the case becomes.
Situations involving moves overseas as a family are complicated and whether there is abduction or not when a dispute arises between parents – and one wants to move back and one wants to remain - will depend very much on the particular circumstances/evidence and differences in interpretation of the relevant legal tests.