Protective Measures in International Child Abduction Cases: New Guidance from the Judiciary

Protective Measures in International Child Abduction Cases: New Guidance from the Judiciary

Katie Knight of our Child Abduction and Children’s Department considers The Judiciary of England and Wales’ new guidance that explains what protective measures are available to keep parents and children safe in cases involving international child abduction.

This new Protective Measures Factsheet (issued October 2025), prepared by senior judges and the Ministry of Justice, sets out how the courts in England and Wales can protect children and parents when a return order is being considered under the 1980 Hague Convention.

What is International Child Abduction?

International child abduction is the unlawful removal or retention of a child outside their country of habitual residence, typically in breach of another parent’s custody rights. This can happen when a child is taken abroad without the consent of both parents or a court order, or when a child is kept in a foreign country past an agreed-upon return date.

What Does the Guidance Mean for Families?

When a child has been taken abroad or kept overseas without the other parent’s consent, the courts must decide whether the child should be returned to their home country. Sometimes, a parent may argue that returning the child would put them at risk of harm.

The new guidance confirms that courts can put in place protective measures to manage these risks — helping ensure that children can return safely where appropriate, and that parents are supported and protected, this includes:

• Non-Molestation and Occupation Orders – to prevent threats, harassment or violence, and to regulate who can live in or enter a home.
• Undertakings – formal promises to the court not to behave in certain ways or to provide support for safe return arrangements.
• Domestic Abuse Protection Orders – new orders under the Domestic Abuse Act 2021 that can restrict contact or proximity to the victim.
• Child Arrangements Orders – to decide where a child lives and what contact they have with each parent.
• Financial Orders – to ensure proper financial support for a parent and child.
• Passport orders – to hold passports safely and prevent further removal.

Protection Across Borders

If a protective order has already been made in another country, the courts in England and Wales can often recognise or mirror that order to make sure it continues to have effect here.

This can happen under the 1996 Hague Child Protection Convention or under EU law where relevant.

Domestic Abuse and Children

The guidance highlights that children who see, hear, or experience the effects of domestic abuse are recognised as victims under the Domestic Abuse Act 2021. The family courts treat these cases with great care, always focusing on the child’s welfare and safety.

How We Can Help

If you are involved in a case with international or cross-border elements, or are worried about your child’s safety, it is important to get specialist legal advice as early as possible.

Our Child Abduction Team led by Mrs Pam Sanghera, has extensive experience in child abduction, relocation, and protection cases under the Hague Convention. We can guide you through the process, work with overseas authorities where needed, and ensure that every possible protective measure is put in place for you and your child.

Please contact our team on 0121 704 3311 or family@charlesstrachan.com for further assistance.