Frequently asked questions
How do I apply for the return of my child via the ICACU?
If the answer to the questions set out below is yes, you should complete an application form for return of a child. A guide to completing the form is also on the website. You should then forward the form and supporting documents to the ICACU.
Is your child aged under 16 years?
Prior to the abduction, had your child been living permanently in England & Wales?
Do you have parental responsibility for your child?
If the answer is no to any of the questions above, you should contact the ICACU for advice before completing the questionnaire.
How quickly do I have to make my application after my child's abduction?
It is advisable to make your application to the ICACU as soon as possible. However, if you believe there is a chance the abducting parent will return your child voluntarily, you may decide to delay making a formal application. Any delay will need to be explained to the Central Authority in the foreign jurisdiction. If there is a legitimate reason, this will not cause a problem. It is as well to remember, however, that if the delay is over 12 months, your application can be rejected by the foreign Central Authority and if accepted a return may be refused on the basis that the child is now settled in the new country.
When I have submitted a completed questionnaire to the ICACU, what happens next?
The ICACU will check your application and will prepare a formal request using the information you have provided. The application and supporting documents including any necessary translations will be submitted to the Central Authority in the country where your child has been taken to. How your application is dealt with in the foreign jurisdiction varies from one country to another. Broadly speaking, if it is not possible to organise the voluntarily return of your child to England & Wales, arrangements will be made for your application to be filed at the appropriate court in the jurisdiction where your child is living, for a judicial determination.
How quickly will my application be processed?
The ICACU will aim to forward your application to the foreign Central Authority within 5 working days. Cases where documents need to be translated may be delayed by a few days.
The ICACU has no control over how quickly your application is processed by the foreign Central Authority. However, the case manager will liase regularly with the Central Authority to ensure that your application is not delayed unnecessarily.
What is the cost of my application?
The ICACU makes no charge for processing your application. The Central Authority in the foreign jurisdiction will make no charge for any work that they do. However, in some countries you may be required to pay all or part of the cost of legal representation. You should also be prepared to pay the travel costs for your child's return. You may also have to meet travel costs if you are required to give evidence in the proceedings in the foreign country. This is not usually necessary but may be required in certain cases such as for example in cases under the Revised Brussels II Regulation where the foreign court is considering making a non return order.
If you are seeking contact/access with your child in a Hague Convention country outside the European Union, non means tested legal aid is only available in a very few countries such as Australia and New Zealand. You should contact the ICACU to obtain details.
If you are seeking to enforce access orders made within the Europoean Union (other than Denmark) you will be eligible for legal aid in the country in which enforcement is sought provided you are eligible for legal aid in the United Kingdom.
If you are seeking to enforce access orders within Europe but outside the EU you may be eligible for non means tested legal aid if the country is a signatory to the European onvention.
When will I hear how my application is progressing?
The ICACU will inform you, or your solicitor in this jurisdiction, as soon as your application is forwarded to the Central Authority abroad. You will then receive progress reports as soon as any information is received about how the application is proceeding. You should contact the ICACU if you are concerned because you have not received an update.
Will I have to travel to the country where my child has been taken for a court hearing?
Courts dealing with applications under the Hague Convention are encouraged to do so without the need for the applicant being present at hearings. However, in some cases where an application is strongly defended by the abducting parent, the court requests the attendance of the applicant so that evidence from both parents can be given in person.
For abduction cases heard under the Revised Brussels II Regulation it may be necessary for you to give evidence if the foreign court is considering not returning your child. In these circumstances arrangements for giving your evidence may be made under the Brussels II Regulation (EC) No 1206/2001 (the Evidence Regulation). These arrangements include the taking of evidence by video or telephone conference or the foreign court may ask the court of the requesting state to take the evidence. This is set out in the Practice Guide for the application of the Revised Brussels II Regulation at chapter VII section 2.3.
If I do have to travel abroad to attend court, who will assist me in the foreign country?
You will need to make your own travel and accommodation arrangements. Before you travel the ICACU will provide you with the address of the Court and the time and date of the hearing. A lawyer will attend the hearing to present your application to the court. If there is a language difficulty, you should discuss with the ICACU before you travel whether an interpreter can be arranged for the court hearing.
If the abducting parent decides to remain in the foreign country, how will arrangements be made for my child's return to England & Wales?
Although the court in the foreign jurisdiction can order the return of your child to England & Wales, the Judge will have no authority to compel the abducting parent to return with your child. If your application is successful, you may need to travel to collect your child if the abducting parent does not wish to return. You should be prepared for this eventuality.
If I do not know the exact whereabouts of my child abroad, what steps will be taken to locate him or her?
If you know which country your child has been taken to, and have some idea where in that country he or she may be living, this is probably enough information for the ICACU to submit an application to that country. In most countries the police and/or Interpol will assist in locating your child. It is very important that you provide as much information as possible about the probable whereabouts. This will speed up the process in the foreign jurisdiction.
The ICACU can only start to assist you when you know which country your child is in. If you are unsure of this information, you should consider consulting a solicitor in this jurisdiction to assist you in tracing your child.
While my application is being processed in the foreign jurisdiction, will I be able to have contact with my child?
Any contact with your child while your application is pending should be made on a voluntary basis with the abducting arent. In most cases formal applications for contact are not advisable as a court may misinterpret such a request as an agreement on your part that your child can remain living in the foreign jurisdiction as long as you can have contact. This may jeopardise your request for your child's return.
How can I resume contact with my daughter who lives with her mother in Italy? I have a contact order but they were made 6 months ago when my former wife and I divorced.
The orders you have may be enforceable in Italy under the Revised Brussels II Regulation. You should contact the ICACU to dicuss your case. If your case does not come under the the Revised Brussels II Regulation, you may be able to secure new orders for contact under the 1980 Hague Convention.
I am considering making an application to enforce my contact orders. The orders were made here but my children now live in Poland. How do I make an application and will I have to pay legal costs?
You may be able to make an application to enforce your existing orders through the ICACU. If your case comes under the the Revised Brussels II Regulation, the ICACU will provide you with an application form and will advise you as to what additional documents you will need. Once all the documents are prepared, the ICACU will send them to the Central Authority in Poland who will assist with arrangements to be made for proceedings to enforce your contact order. If you are eligible for any form of legal assistance here you will eligible for some form of legal assistance assistance in Poland.
My children have lived in Greece for 3 years. I have been having regular contact with them each summer but I do not have any court orders. My former wife has now remarried and has refused to send the children. What can I do?
Because the Hague Convention is in force between Greece and the United Kingdom you will be able to make an application to establish rights of access in Greece. You should contact the ICACU.
I moved to England 3 years ago. My children still live in Australia. I would like to re-establish contact with them. What can I do?
The Hague Convention is in force between the United Kingdom and Australia. You may threfore be able to make an application to establish contact with your children. The legal costs of the application will be met by the Australian government. You should contact the ICACU.
If your question is not covered by the above FAQs, you can contact the ICACU, and see also the useful telephone numbers websites and addresses section of this website.