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Taking children out of the country without consent

07 November 2019

A father contacted our team after his daughter was taken to Egypt without his consent.

Slater and Gordon Solicitor:

Laura Flanagan is a Family Law Solicitor at Slater and Gordon Lawyers UK. 

What happened: 

Laura acted for a father following the removal of his 4 year old daughter from England to Cairo, Egypt without his consent.  

The client contacted Laura following a missing person’s report being made to the Police. The police traced the mother and daughter’s passports on a flight to Cairo. The client had not been able to speak to the mother or his daughter and had no idea where they were located in Cairo, or if they were safe.  

How Laura helped: 

Laura made an urgent application to the High Court for the client’s daughter to be made a Ward of Court. As Egypt is not a member of the Hague Convention, an application had to made under the High Court’s Inherent Jurisdiction, rather than under the Hague Convention.  

The application was made and Laura and the client attended the High Court the following day with a very experienced Child Abduction barrister.  

The applications were successful and orders were made for the client’s daughter to be made a Ward of Court, for Mother to effect the daughter’s return to England and for third party agencies to assist in the location of them.  

Following the urgent hearing, the client went to Egypt and fortunately located his daughter and her mother. Laura is now working with the High Court and third party authorities to enable the client’s daughter to return to England.  

As the client’s daughter had been removed to a Non-Hague Convention Country there were additional considerations for the High Court and for Laura when drafting the client’s application and the statement in support. The process for return is more complicated and therefore consideration needed to be given to the specifics of the application and the third parties we were seeking the assistance of. 

Decision:

Laura successfully made an application for the return of the child from Egypt to England. Following this the child has been found and is in the process of returning to England where the High Court will make further orders about her welfare.  

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