The removal of a child from their country of habitual residence by one parent (or person who has parental responsibility) without the agreement of the other parent (or person who has parental responsibility) is classed as "wrongful removal" under the terms of the Hague Convention on the Civil Aspects of International Child Abduction.
The parent from whom the child has been removed has the right to make an application under the terms of the Hague Convention to have their child returned if they reside in a country which is a signatory to the Convention.
Under these circumstances, there will be a hearing in the UK to determine whether the child must be returned to their country of habitual residence. At this stage, no decision will be made as to which parent the child will reside. That will be decided once the child has returned. It is a matter for the courts in the country from which the child has been removed to decide.
For more information, contact the reunite advice line.
extract from
http://www.reunite.org/