If a child is brought to the UK without the permission of everyone with Parental Responsibility or an Order of the Court this is an incoming abduction.
If the parent left behind does nothing about this for over a year, it will be a lot harder for them to seek a return under the Hague Convention, as the question will be asked, as to why they did not act sooner and also the argument of settlement will be available.
If a child was wrongfully brought to the UK or retained here, it is possible argue that the left behind parent subsequently acquiesced. What this means is that they subsequently gave their permission for the child to remain living in the UK. This can be inferred without actual direct consent being given for example; by the left behind parent visiting the child in the UK and having contact in the UK.
Normally however, if a child has been wrongfully brought to the UK or retained here the left behind person will make an immediate application through the ICACU for the return of that child they will then forward the application in England or Wales to a solicitor here, who will quickly issue proceedings for the return of the child under the Hague Convention.
The applicant has to prove the following;
1.There was a wrongful removal or retention in another country
2.There was a breach of ‘rights of custody rights’ that were being exercised.
3. The child was habitually resident in the country they were taken from
There are defences to a Hague Convention Application and they are as follows;
1.More than a year has passed since the removal or retention and the child has settled in their new environment
2.Consent or acquiescence
3.Child objection to the return to the country
4.Grave risk of harm or otherwise place the child in an intolerable situation if the child is returned
5.The return of the child is a breach of their human rights
The purpose of the Court is not to determine welfare issues and where it is best that this child resides long term. Signatories to the Hague Convention must return unless one of the defences is made out, it is basically the welfare of children around the world outweighs the welfare issues in relation to this individual child. If the return of a child is Ordered it is important that proceedings are issued in the country of return to deal with the long term issues in relation to this child such as, where this child will live, who they will live with, and what contact they will have.