Parents used tracking devices in plan to snatch children from care

Technology is playing an increasingly common role in family disputes, particularly in relation to children. In June, for example, we reported here that guidance has had to be issued for courts where parents have made covert recordings for use in cases involving their children.

And now we have had a report of a case where parents used tracking devices as part of a plan to snatch their children from care.

The case concerned four young children who were the subject of on-going care proceedings, and who were at the time in foster care.

It should be mentioned that one of the reasons for the children being removed from their parents was a real concern that the parents might attempt to leave the area and take themselves and their children beyond the jurisdiction of the local authority.

In May the children’s foster carers found a small tracking device stitched into a bag which had been given to one of the children by their parents. Concerned at this finding other items previously given to the children by their parents were then searched, and two further devices were found, each in a toy given to a child some weeks previously, and each concealed by being sewn into the toy.

The mother admitted planting the devices, as part of a plan to track the children. However, she asserted that this was just a silly idea, which was never going to get anywhere, and was not going to achieve anything.

The father, on the other hand, denied all knowledge of the plan.

The judge rejected the parents’ evidence, finding that the decision to use tracking devices was a parental decision, and one in which the father was a full participant. He also found that the devices were part of a serious plan to remove the children from foster care, for the purpose of removing them from the protective care of the Local Authority.

He stated:

“Abduction is a criminal offence for good reason, not least because it can have such a deleterious effect upon a child. Being snatched leads to an acute sense of confusion, of loss and of discombobulation, none of which are conducive to a child’s welfare. Children who are snatched for the purpose of being removed from the observation of welfare professionals are subjected to disruption, inconsistency of care, being kept to a regime of secrecy or separation which impacts upon their psychological welfare.”

This may have been a public law case where the local authority was involved, but tracking devices could just as easily be used in private law disputes between parents over arrangements for their children. It is not difficult, for example, to imagine a case where one parent uses such a device to track the movements of their children whilst they are in the care of the other parent.

But any parent tempted to use such devices should be aware that the court is likely to take an extremely dim view of such action.

You can read the full judgment in the case here.

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