European Arrest Warrants, extradition and child abduction

In many child abduction cases brought under the 1980Hague Convention the left behind parent makes a report to the local police. This is most likely when the case is one of wrongful removal, particularly when covert, rather than in wrongful retention cases. By a strange anomaly a wrongful retention is not an offence under the Child Abduction Act 1984 although wrongful removal is. However very few cases result in criminal proceedings being pursued. This is largely because most left behind parents recognise that the prosecution and imprisonment of the the other parent is not likely to be in the child's welfare interests. This approach is reinforced by the Hague Conference Good Practice Guide which itself suggests that the Requesting State should take steps to ensure that the possibility of a criminal prosecution inhibiting a return order is taken into account by the prosecuting authority. Paradoxically it is in those cases where the child has been removed years ago and where they may very well be settled in the requested state that a prosecution is most likely. I say paradoxically because the Hague Convention recognises that the welfare of a settled child may not be promoted by a return to the country of origin yet it is in this sort of case where the Hague Convention process may well be over-taken by the arrest and extradition of the abducting parent, thus nullifying the 'settlement' defence. In European cases where a European Arrest Warrant can be obtained and which it is nigh on impossible to challenge extradition may be almost automatic.  There has been at least one occasion where the abducting parent returned on the same flight as the child - so what I hear you say- well the child was with the left behind parent and the abducting parent with the police and in handcuffs. It is both interesting, and perhaps reassuring, that so few left behind parents seek to use the criminal law as a remedy in child abduction situations given that it can 'trump' the Hague Convention proceedings. An example of parents putting their child's welfare before their own desire for retribution.