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Is it a Civil or Criminal Matter?

CIVIL OR CRIMINAL

Under the Child Abduction Act 1984, it is a criminal offence in Scotland for a person connected with a child under 16 to take or send the child out of the country without the appropriate consent, if there is an existing UK court order dealing with custody of the child or against removing the child. The appropriate consent is usually that of each parent or guardian or of each person who has a custody order, or the consent of the court which made an order relating to the child.

If there is existing court order then a criminal offence may have been committed under this Act. If this is the case then you should contact your local police station immediately providing full details of the abducted child and the abductor. These details should include for the child:

  • Full name
  • Sex
  • Date and place of birth
  • Ethnic appearance
  • Religion
  • Nationality
  • Accent
  • Full personal description
  • Full details of dress and possessions
  • Full address and telephone number
  • National health service number (including details of any medication required)
  • Passport number (if applicable) including date and place of issue
  • Photograph
  • Copy of birth certificate

The information required on the abductor will mirror this, although it should also include:

  • Relationship to child
  • Details of access to child
  • Details of any vehicles
  • Occupation and employment details
  • Details of any connections abroad (including employment and business interests)

If there is no existing court order then you may still have rights under civil law.

Page updated: Monday, March 14, 2005