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For international families, the complexities of child relocation or repatriation post-separation can be particularly challenging. Whether it's a parent intending to return to their homeland or considering an overseas job opportunity, the intricacies of child movement laws within and beyond the UK are governed by a blend of English, European, and other international regulations.
Understanding this, our family law team are well-versed in handling cases that have an international element, such as;
International Relocation
If you're considering such a move, it's important to obtain written consent from the other parent and anyone else who has parental responsibility. If you do not have consent from the other people legally responsible for the child then you will need the courts permission. Bypassing these crucial steps and relocating could inadvertently lead to accusations of child abduction.
International Child Abduction
Regrettably, this is occurring more frequently. Your course of action, whether you stand accused or have been left behind, largely depends on the jurisdiction in that country. The important thing is to act quickly once the alleged abduction has occurred to alert the authorities and prevent your child from being taken abroad.
Overseas Travels with children post-separation
Separation introduces several differences when it comes to travelling abroad with your child. It's vital to have the written agreement of the other parent or any individual with parental rights. However, an exception to the rule is if a Child Arrangements Order exists, you are permitted to travel abroad with your child for a period not exceeding a month, as long as it doesn't go against any other terms of the order. If you encounter difficulties in securing consent, you will need to seek a Specific Issue Order through the courts.
We are also able to offer appointment times and virtual consultations where attending the offices is not feasible.
Should you need further guidance on these matters, our dedicated family team is ready to assist. Reach out to us at 01827 317070 or family@pickerings-solicitors.com
Can a child be relocated by one parent if we share custody?
No. The intricacies of the UK's legal stance on child relocation can be challenging. If a Child Arrangements Order or Residence Order is active concerning a child, removing them from the jurisdiction of England and Wales requires the unanimous consent of every individual holding parental responsibility or explicit permission from the Court.
In instances where a Child Arrangements Order or Residence Order leans in favour of one parent, they are granted the authority to take the child outside the country, albeit for a limited span of a month, without seeking additional consent. This provision is designed to accommodate family holidays, ensuring the child's wellbeing is central.
Shared residence, where children divide their time between both parents, is more complex. If the Order specifies joint residence, typically, both parents retain the right to travel with the child outside of England and Wales for durations not exceeding a month, ensuring other stipulations within the Order remain unviolated.
Should a parent contemplate moving with a child beyond the boundaries of England and Wales without the mutual consent of the other parent holding parental rights, they must seek the Court's 'Leave to Remove'. However, the other parent can petition for a 'Prohibited Steps Order' to counteract such a move.
Can my child's mother relocate my children to her home country?
If there's a looming concern that your child might be taken out of the jurisdiction of England and Wales imminently, an urgent Prohibited Steps Order can be sought from the Court. If approved, this ensures the other parent cannot leave the country with the child without your explicit agreement.
Conversely, the child's mother has the right to petition the Court for a Specific Issue Order, which would be for temporary durations like holidays, or for Leave to Remove, permitting her to take the child out of the country. There are many historical legal cases that show how the Court handles situations like this. It's important to get legal advice for the details. But overall, the main focus is always on what's best for the child.
Apart from legal action, certain proactive measures can offer added assurance. If the child's passport is with you, keep it safe and request from the Passport Office to be alerted about any fresh passport applications or renewals concerning your child. Should a Prohibited Steps Order be in place, it might also be worth considering an All Ports Alert.
What can I do if my ex won't pay child support and lives abroad?
For the Child Maintenance Service (CMS) to calculate and collect payments, your ex is under the jurisdiction of the English and Welsh courts or if they're employed by a UK-based company, even if residing abroad.
If you have an active child maintenance order from England, some international agreements allow for its enforcement in other countries. The UK has reciprocal enforcement agreements with numerous countries, but the specific process can vary depending on the country involved.
The simplest solution is to try and agree on a payment plan directly with your ex. If this isn't possible, you can apply to the English & Welsh courts for child support under a specific section of the Children Act 1989. However, this can have potential challenges, especially concerning enforcement abroad. Another avenue is to initiate proceedings in the country where your ex currently lives. This might offer a more straightforward enforcement mechanism, but the success depends largely on the local laws and regulations related to child maintenance. If you decide to go through courts outside the UK, and are considering action abroad, it's imperative to consult with a local lawyer in that country to understand the feasibility and potential challenges.
Is it possible for a child born in Australia to permanently relocate to the UK with her British mother?
Should a child born in Australia wish to relocate permanently to England with her British mother, the governing legalities lie primarily in Australian law. In the UK, the law dictates that a child's relocation requires the consent of all individuals with parental responsibility or explicit permission from the Court.
Factors like the motivation for the move and its impact on the remaining parent are crucial. However, the child's best interests remain the primary consideration in these decisions.
Though Australian regulations might echo the UK's stance, it's important to consult an Australian legal expert for definitive advice.
Should you need further guidance on these matters, our dedicated family team is ready to assist. Reach out to us at 01827 317070 or family@pickerings-solicitors.com
