The legal realities behind TV drama, The Stolen Girl

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In April 2025, Disney+ released a gripping new programme, ‘The Stolen Girl’. The concept, albeit a bit far-fetched, is every parent’s worst nightmare.

The thriller depicts a family’s turmoil after the daughter is abducted during a playdate at a new school friend’s house. The series covers various legal challenges regarding child contact, divorce finance and parental responsibility.

In this blog, our child law solicitors unpick the legal elements of The Stolen Girl.

* Warning, contains spoilers *

The Stolen Girl: a synopsis

The story centres on a seemingly happy and ‘traditional’ family: mother and wife, Elisa, who works as crew on private jets, husband and father, Fred, who is a criminal lawyer, and their children, Lucia, nine, and George, four.

A new family (Rebecca and her daughter, Josephine) joins the prep school attended by Lucia. The girls become friends, and Rebecca and Elisa get to know each other. Rebecca invites Lucia to come to her house for a play date with Josephine. The play date turns into a sleepover and then, an abduction, as when Elisa and Fred arrive to collect Lucia the following morning, everyone has disappeared.

In the background, we learn that Rebecca’s husband and younger daughter died some years earlier in a hit-and-run accident. Elisa was driving the car, but her boyfriend (she was having an affair and about to leave Fred) took the blame and never told the police that Elisa was in the car/the driver. However, Rebecca (whose real name is Nina, as it transpires) had seen Elisa drive away from the scene of the accident.

Rebecca (Nina) had been plotting her revenge on Elisa ever since, and planned to steal her daughter, just as her own daughter had been stolen from her in that accident.

It also transpires that Fred was not the biological father of George; his ‘real’ father was Marcus, with whom Elisa was having an affair at the time of the accident.

Lucia is found safe and well in France. Elisa confesses to the Police about the accident and tells Fred that George is not his. Viewers assume that Elisa’s boyfriend is released from prison, swapping places with Elisa.

The legal questions

Elisa and Fred’s divorce: what happens to their finances given Elisa’s affair?

In divorce proceedings, an affair can influence the financial outcome, however, numerous other factors hold more weight.

The Matrimonial Causes Act 1973 states that the court will consider conduct, among other factors, when making a financial order during divorce proceedings. Conduct, i.e. an affair, does not generally affect financial negotiations except in cases involving domestic abuse and financial misconduct, e.g. gambling or drug addiction.

In Elisa and Fred’s case, it is unlikely that Elisa’s affair would affect the division of their finances, however, the court may look at the other factors in their relationship breakdown, such as Elisa deceiving Fred into believing George was his child.

What legal rights does Fred have in terms of contact with George?

This element of the story is reminiscent of Playing Nice, where the court considered parental responsibility for twins swapped at birth.

When deciding on child contact and parental responsibility, child law solicitors (and ultimately, the court) prioritise what is in the child’s best interests.

In the case of The Stolen Girl, George has grown up with Fred as his father and knows no different. They have lived together, and Fred has met George’s physical, emotional and educational needs. The court may therefore decide that it is in George’s best interests to live with Fred, either some or all of the time, with some contact with Marcus, his biological dad. All of this would be included in a Child Arrangements Order.

What legal rights does George’s real father have?

On the basis that Fred is married to Elisa and named on George’s birth certificate, Fred has parental responsibility for George. If Marcus wishes to obtain Parental Responsibility for George, then he could obtain this by entering a Parental Responsibility agreement with Elisa or by re-registering George’s birth, which would also need Elisa’s consent. If Elisa refused to give her consent, Marcus could make an application for a Parental Responsibility Order.

There are no specific criteria which the court will consider when applying for a Parental Responsibility Order. However, case law has suggested that the following (plus any other relevant factors) should be considered:

  • The degree of commitment which the father has shown towards the child, e.g. financial support, pursuing contact and keeping to those arrangements, and being present at birth;
  • That the status of the birth father is not in dispute, i.e. there is no dispute that they are the biological father;
  • The degree of attachment between the father and child; and
  • The reasons for the father’s application.

Therefore, in this scenario, unless Marcus is playing an active role in George’s life, he is unlikely to be successful in applying for a Parental Responsibility Order.

If Marcus wished to have contact with George or wanted George to live with him, he would need to make an application for a Chid Arrangements Order.

Could Elisa see her children while she is in prison?

The law supports children having a relationship with their parents (whether they are in prison or not), provided it is safe and in their best interests. The child’s welfare is always of paramount concern.

If the children express a wish to see their mother whilst she is in prison and Fred (and Marcus if he gains parental responsibility for George) believes it is in their best interest to see her, they can make arrangements for the children to have contact with her. If Fred/Marcus did not wish to support this relationship, then they could make an application preventing any contact taking place between Elisa and the children.

Would Elisa be able to get her children back when she is released from prison?

Elisa would inevitably want to see her children when she is released from prison, but again, it is the children’s right to have a relationship with Elisa as opposed to Elisa’s right to have a relationship with them.

The court’s primary concern, again, is the welfare of the children. If Elisa requested that the children return to her care, and this was not agreed to by Fred/Marcus, she could make an application for a Child Arrangements Order.

In the first instance, the court will look at the current situation. They will also consider a ‘welfare checklist’, which includes:

  • The wishes and feelings of the child concerned (bearing in mind their age and understanding);
  • The child’s physical, emotional and educational needs;
  • The likely effect any change in circumstances would have on the child;
  • The child’s age, sex, background and any characteristics the court considers relevant;
  • Any harm they have suffered or are at risk of suffering;
  • How capable each parent, and any other person the court considers relevant, is of meeting the child’s needs; and
  • The range of powers available to the court under the Children Act, e.g. a Prohibited Steps Order.

There is therefore no straightforward answer. In addition to the above, the court would need to take the length of Elisa’s sentence into account, and whether the children have had any contact with her whilst she was incarcerated.

Further information

Family disputes can be incredibly emotional and complex to resolve, but getting the right legal advice can help take some of that stress away.

For advice on separation and divorce, including divorce finance, our specialist solicitors are here to help. We also have a dedicated Child Law team who can advise on child arrangements, including child contact, parental responsibility and disputes about a child’s upbringing.

To get in touch with our family law solicitors, call 0117 325 2929 or fill out our online enquiry form.

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