Parental Child Abduction

Child Abduction: Why should every parent be alert to the risks (without living in fear)

The current case of Nishika Samaratunga, who has allegedly abducted her two children, five-year-old Blaine Baier and three-year-old Nathaniel Baier, after a court-ordered contact, highlights the risk of international child arrangements. Child abductions can take many forms, and many child abduction cases involve someone the child or family knows. International parental child abduction is where a child is taken or retained abroad in breach of a Court Order and without the necessary consent of the parent or guardian with whom the child lives with.

The whereabouts of Nishika Samaratunga and her two sons remain unknown, and cases such as this serve as an important reminder of two things:

1. The limitations of the Court;
2. The importance of court-ordered child arrangements.

The parents in this case sought the Court’s assistance to determine which country the children should reside in and which parent they should live with following the marital breakdown. The Court case went in the father’s favour, with an Order that the children remain in the US rather than relocate to England with their mother.

Despite the mother securing defined contact with the children in England, she has now allegedly breached that Order by not returning the children to the father as required. It is currently unknown why the mother has done this, and there will be many questions to answer once the mother and children are found. The Court could not have predicted that the mother would react in this way and would have ordered international contact on the basis that it was safe for the children. It is important for parents to understand that the Court makes decisions on the best available evidence and that sometimes, the Court gets it wrong.

However, this does not mean that Court Orders have no value. The fact that there is a formal Court Order for the children to live with their father, and have defined contact with their mother, gives the father a legal route using international law to seek the immediate return of the children to his care. This is possible as the mother has allegedly breached the terms of the Order and there is no ambiguity as to whose care the children should be in. If the parents had only an informal agreement, the father would likely have struggled to seek the immediate return of the children internationally.

If you are concerned about any of the issues raised in this blog, you can contact Gilson Gray for an initial free consultation to discuss your concerns.

The information and opinions contained in this blog are for information only.  They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice.  Before acting on any information contained in this blog, please seek solicitor’s advice from Gilson Gray.