International Children

Many couples are now international in nature and relocating abroad, for family or work purposes, is commonplace.

Cases which involve the relocation of children to other countries after separation can be heartbreaking and can have dramatic implications for the whole family. Time is often of the essence in international cases, and it is essential that specialist advice is secured promptly to secure the best possible outcome.

If consent to relocate is not provided by the other parent, an application to the Court for permission must be made. There is no presumption that the application will be granted, and the court looks very carefully at the reasons for the move, the arrangements made and the effect of the move on the children, including the ongoing relationship with the non-resident parent.

If you are contemplating a move to another jurisdiction, it is vital to take early advice. Meticulous, planning and careful consideration of the requisite building blocks in the chosen jurisdiction (housing, schooling, jobs, network) must be made to provide the best prospects of success.

If you are facing an application for leave to remove and wish to oppose it, we can provide guidance as to how best to challenge the proposed move. Clarence Family Law has successfully defended many applications and persuaded the court a move is not in the best interests of a child.

Abduction:

It is a criminal offence for a person connected with a child under 16 to take or send that child out of the UK without the appropriate consent from all parents or guardians with parental responsibility for the child.

If a child is removed from the jurisdiction without the appropriate consent, it can lead to criminal charges, with penalties including imprisonment.

The Hague Convention is the main legislative framework that is used when dealing with civil child abduction cases, which covers the wrongful removal and the wrongful retention of children. The HCCH currently has 91 members (https://www.hcch.net/en/states/hcch-members), affording extensive protection to children in a significant number of countries.

When a child is removed to or retained in a country which is not a signatory to the Hague Convention, their return will still be possible although can be harder to achieve.

Our experienced team can assist parents in circumstances where it is threatened a child might be removed from the UK without your consent. If your child has already been removed or retained abroad, or if you child has been wrongfully brought to and retained in the UK, we can provide urgent, proactive advice on the most appropriate application to make to secure their swift return.

Contact the team today if you would like to discuss any international children matters. If the matter is urgent, please telephone in the first instance to ensure a team members deals with your enquiry promptly. All cases involving child abduction require immediate action.

❝Helen Wilby is an absolute force of nature. She takes on any case no matter the complexities. She is a real trailblazer, fearless, well-liked and a formidable opponent.❞

Why Choose Us?

A leading boutique family law firm situated in Richmond upon Thames: We act for a wide variety of clients, many of whom are based in the local area and Surrey, throughout London as well as nationally and internationally.
We are happy to travel/ arrange meetings close to where you live or work: We have access to meeting rooms across London and nationally. By lowering our overheads in this way, we can provide direct savings to our clients without compromising our high level of service and efficiency.
We provide city expertise at very competitive rates: Helen and Adam acquired their knowledge and experience in some of the most highly regarded family law departments in London, including Sears Tooth, Mishcon de Reya LLP and Penningtons Manches Cooper. They each maintain a wealth of connections in the family law arena, including leading family law practices and barristers’ chambers, meaning they will tailor the right team and expertise to your particular circumstances.
We start with a no-charge exploratory meeting to discuss your case: We will only accept instructions if we can add value to you.

Frequently Asked Questions

What is international relocation?

International relocation disputes arise when one parent wishes to move to another country with a child and the other parent does not agree. These cases are often complex and sensitive, as the outcome is binary – either the child relocates or they do not.

Do I need permission to relocate to another country with my child?

It is essential to secure the written consent of everyone with parental responsibility before relocating with a child. If consent is not provided, it is essential to secure permission from the court. Moving without agreement risks the relocation being treated as child abduction. Where consent cannot be reached, an application must be made to the court for approval before any move takes place.

What factors does the court consider in relocation cases?

The child’s welfare is the court’s main consideration in relocation cases. It will consider the reasons for the move, its impact on the child and both parents, and how the child’s relationship with the other parent can be maintained. The court will also consider the child’s wishes and feelings, the likely effect of the change and each parent’s ability to meet the child’s needs.

I am worried my partner is going to abduct our child. How can I prevent this?

If you are worried that your child might be subject to child abduction, you must take urgent steps, including contacting the police to issue a ‘port alert’. The police will contact the National Border Targeting Centre and ensure that all UK points of departure, including airports, train stations, ports) are aware of the potential abduction to prevent wrongful removal. You must also consider applying urgently to the court for: -

A Prohibited Steps Order: to prevent the removal of the subject child(ren) from this jurisdiction.
A Child Arrangements Order: this will assess who the child should live with
A ‘Port Alert’: alerting the relevant authorities including border control when a child named on the alert attempts to leave the country.
A Passport Seizure Order: where an individual’s passport is confiscated to prevent international travel.

What if my child has been wrongfully removed or retained?

Child abduction is typically classified in two ways: wrongful retention and wrongful removal.

Wrongful retention occurs when a child is allowed to travel abroad for a temporary period, such as a holiday, but is not returned to their home country as agreed.
Wrongful removal involves taking a child out of their country of residence without the consent of everyone with parental responsibility or without the authority of a court order. This is a criminal offence in the UK. The maximum penalty is 7 years’ imprisonment.

Do I need to involve the police?

In the UK wrongful removal of a child is a criminal offence, whereas wrongful retention is not. As a result, the police may be able to intervene in removal cases but are generally unable to act where a child has been wrongfully retained.

What is the Hague Convention and does it apply?

Where both countries are signatories to the 1980 Hague Convention, an application can be made under the Convention for the child’s prompt return. The decision is made by the courts in the country where the child is currently located. The UK has been a party to the 1980 Hague Convention since 1984. This enables solicitors to act quickly and effectively in cases of international child abduction, ensuring matters are addressed through cooperation between participating countries.

Children are also removed from England to countries that are not signatories to the Hague Convention or brought to England from a non-convention state. Although the legal issues involved in these cases are more complicated, our specialist team has extensive experience in securing orders under the inherent jurisdiction to assist with the return of children from countries that not signatories to the Hague Convention. These cases are complex and require specialist legal advice at the earliest possible opportunity.

Are there any defences against returning a child?

Defences to a Hague Convention 1980 application are very limited and interpreted narrowly by the court. They include the other parent’s consent to the child’s removal or retention, subsequent agreement by the left-behind parent, the child’s objections where they are of sufficient age and maturity, and cases where returning the child would expose them to a grave risk of harm. A further defence may apply where the child has become settled in the new country after a period of more than 12 months, provided proceedings are not issued within that period. In some cases, the court may still order return even where a defence is established.

International Children

Abduction:

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Frequently Asked Questions

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