The case of three-year-old Oliver Pugh, reportedly abducted by his mother from Spain, shows why parents with cross-border ties would be wise to take legal steps to protect their children and prevent custody disputes abroad, says family lawyer Paula Mansfield.
Paula, a senior associate at national law firm Clarke Willmott LLP, explains that once a child is taken abroad, especially to a country outside the Hague Convention on International Child Abduction, legal options for the left-behind parent can be extremely limited.
“The sad reality is that once a child is taken abroad, to a Non-Hague country, the left-behind parent must pursue legal child arrangements through the courts in that country to secure their return and can be involved in very complex and lengthy legal proceedings,” says Paula, a senior associate in the firm’s family team specialising in complex divorce, financial remedy, and children matters.
“It’s crucial for parents with cross-border connections to seek legal advice immediately and put preventative measures in place to avoid complex and distressing disputes.”
Oliver Pugh, a British citizen, was reportedly taken by his mother from Marbella, Spain, shortly before a Spanish court awarded full custody to his father in the UK.
The case has garnered attention in the UK, highlighting the complexities of international child abduction and the challenges faced by British citizens in such situations.
Paula says the Pugh case underscores why all parents with cross-border ties should obtain legal advice and to consider taking proactive legal measures.
“Securing clear emergency orders with travel restrictions, requiring passports to be surrendered, and notifying authorities before international travel can make a real difference,” added Paula.
Paula says protective orders in respect of the children form part of a wider strategy parents can use to reduce the risk of cross-border disputes and ensure their children’s safety.
“Parents who believe there is a real risk their children may not be returned to the UK when travelling to a Hague Convention signatory country should seek legal advice at the earliest opportunity.”
“It is also vital to maintain detailed records of the child arrangements, communications, and any potential threats to support swift legal action.”
Paula stresses proactive planning is far more effective than reacting after a child has been taken but if a child is taken to a Hague Country swift action is a necessity to ensure the return of the child.
“The aim is to put legal safeguards in place early, so parents are not left powerless in what can be a very stressful and complex cross-border situation.”
The UK Foreign Office is currently providing diplomatic and logistical assistance to Oliver’s father, while Spanish authorities are treating the case as a parental abduction, with ongoing investigations and Interpol involvement to locate Oliver and his mother.
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