A wave of UK departures due to non-dom tax reforms could see a rise in “international child abduction” cases, says leading private wealth law firm TWM Solicitors.
International child abduction cases most frequently occur when one parent takes their children out of the UK without the permission of the other parent. Typically, the parents are either a divorced couple or otherwise estranged.
The increase in taxes on non-doms has prompted many non-doms to leave the UK or to plan their departure. Lora Clark, Chartered Legal Executive Advocate at TWM Solicitors, says that the wrongful removal of children from the UK can be particularly hard to resolve as many countries do not have agreements in place to return wrongfully removed children.
Parents caught in disputes about living arrangements could lose legal protection if their children are taken to countries which are not signatories to the 1980 Hague Convention.
Where a parent suspects that their ex-partner may attempt to take their children abroad without their consent, they can apply to the court for both a child arrangement order and a prohibited steps order. If granted, a prohibited steps order can prevent one or both parents from removing the children from the UK.
If there is insufficient time to secure a court order before the child is taken, the police must be informed immediately.
Wrongful removal of a child is a criminal offence in England, Wales, and Northern Ireland, meaning law enforcement can intervene.
Lora Clark, Chartered Legal Executive Advocate at TWM Solicitors, says: “A prohibited steps order can also alert border security to the risk. If granted, it ensures authorities prevent the child from leaving the country without consent.”
Lora Clark, adds: “The financial implications of the non-dom departure have been well covered, but we must also recognise the risks that these departures create where one member of a couple is determined to leave the UK, and the other parent wants to stay.”
“The risks of children being taken out of the UK illegally has risen over the last few decades as there are more marriages between individuals with their roots in the UK and their partners who are domiciled abroad.”
