What to Do If Your Ex-Partner Doesn’t Return Your Child After a Holiday

As the summer holidays come to an end, many children are heading back home to prepare for the new school term. Unfortunately, this time of year often sees an increase in disputes between separated parents over child custody arrangements. It can be particularly distressing if your child is not returned to you as expected after a holiday or scheduled contact.

In this blog, our Family law experts explore what legal steps you can take if your ex-partner doesn’t return your child and how to address this situation effectively.

Do I Have the Right to Have My Child Returned?

If both parents share parental responsibility, neither parent can make significant decisions—such as where the child lives—without agreement. Deciding to keep the child after contact or a holiday without prior discussion is typically viewed as inappropriate and not in the child’s best interest. Furthermore, unlawful removal or retention, especially abroad, is viewed by the courts as a form of child abuse.

In situations where an agreement can’t be reached, it may be necessary for the court to intervene. If there’s already a court order in place dictating custody arrangements, failing to comply with this order could mean the parent withholding the child is in breach. The courts have the authority to enforce the terms of the order, impose sanctions or order an immediate return of the child under some circumstances

If the abduction or unlawful retention occurs within England and Wales, this will be addressed under the Children Act or Family Act in the local court where the child normally resides.

If your ex-partner believes there are genuine reasons why the child should not be returned, they should seek to vary the order through the court system, presenting their case for why the current arrangement is no longer in the child’s best interest.

What If My Child Is Kept Abroad?

If your child has been taken abroad and not returned as agreed, this could be classified as child abduction. This is a serious matter that can have both civil and criminal consequences in the event of unlawful removal.

When a child isn’t returned after a holiday or contact, and attempts to resolve the issue amicably fail, an urgent application to the court is usually necessary to secure the child’s return. It is important to remember that during any negotiations for a return of the child, the parent who is left behind stresses in all communication that he/ she has never gave a permission for the child to be retained abroad.

Handling International Child Abduction

In cases where a child has been retained internationally, specific laws apply depending on where the child typically lives and where they’ve been taken. The 1980 Hague Convention is the primary legal framework for dealing with these situations, covering around 100 countries. This Convention facilitates expedited legal proceedings to determine whether a child should be returned and under what conditions.

Legal proceedings may take place both before the courts of England and Wales and in the country where the child is being held.

What Should You Do Next?

Your first step should be to consult a solicitor who specialises in child abduction cases, whether the issue is domestic or international. Not all family law solicitors handle this kind of work, so it’s crucial to find someone with the right expertise. They can guide you on your legal position and the options available to you.

If your child is held in another country, you may also need legal representation in that jurisdiction. Your UK-based solicitor can help you connect with the appropriate legal expert abroad. Additionally, if the Hague Convention applies, the Central Authority of the involved countries will play a key role in managing the cross-border legal processes.

Maintaining open communication with your ex-partner, when possible, can be beneficial. Gather as much information as you can about your child’s whereabouts, as this will be essential if court proceedings are necessary. Should you not know where your child is located, the court may issue further orders to assist in locating them.

Are There Alternatives to Court?

While court proceedings are sometimes necessary, particularly in abduction cases, there are alternatives worth exploring. Mediation services that specialise in international child abduction can help both parties reach an agreement without the need for lengthy court battles. Reunite, a specialist organisation, offers mediation and support services in these circumstances.

If an agreement is reached, it can often be formalised through a court order, providing both parents with the reassurance of legal backing.

How Long Will Court Proceedings Take?

When a child has been wrongfully retained, court applications are treated with urgency, typically fast-tracked compared to other child custody disputes. While you may be in court within days, the timeline for resolving the issue can vary greatly depending on how complex the case is, ranging from a few weeks to over a year.

Final Thoughts

If your ex-partner doesn’t return your child after a holiday or contact, it’s essential to act as soon as you can. For expert and compassionate support, contact our partner law firm, Slater Heelis, via their website or on 0330 111 3131.