International family & child lawyers

If you’re concerned about the welfare of your child, you should contact the police immediately. In other cases, you should report the crime by calling 101 or by reporting it online. The police will sometimes work with INTERPOL and international police forces to help find your child.

However, the specific steps taken are dependent on the country your child has been taken to as international family law can be complex and can vary between countries. Member countries of the Hague Convention are bound by an international set of standards that aim to resolve cross-country child abductions swiftly and within the best interests of the child.

If your child has been taken to a country that operates outside of the convention, then alternative routes should be considered.

In both cases, our international child law experts can offer professional advice and support and will work with you to resolve your situation with understanding and sensitivity. Call our team today on 0330 191 4938 or request a callback. 

There are steps that can be taken before any removal occurs. The court can make orders prohibiting a child from being removed from England and Wales, and can authorise the seizure of a child’s passport. A port alert can also be placed, which means Border Force will be notified if an attempt is made to take the child out of the country. If you believe the risk is immediate, you should also contact the police. Seek legal advice as soon as possible – early action is far more effective than responding after removal has taken place.

You should seek legal advice immediately – not after a period of waiting. Unless you have a clear and verifiable explanation for the delay, time is of the essence. If your child has been retained abroad without your consent, early legal action significantly improves your prospects of securing their return. Our solicitors are available to advise you on an urgent basis.

International family law can be complicated.

If there is a Child Arrangements Order or Residence Order in force concerning a child, the child can’t be removed from the Court’s jurisdiction (England and Wales) without the consent of those with parental responsibility, or without leave of the Court. If this does happen, it can be classed as  .

If there is a Child Arrangements Order or Residence Order in favour of one parent, this empowers them to remove the child from the country for no longer than a month, without the need to obtain consent. This is the case if it does not breach the other provisions contained within the order. This enables parents to take their children on holiday.

The situation with shared residence is less clear, as the children live with both parents. Generally, if the order says that the child resides with both parents then they will both be able to take the child out of England and Wales for up to one month (as long as it does not breach the other provisions contained in the order).

In circumstances where one parent wishes to move with a child outside of England and Wales and no consent can be obtained from the other parent with parental responsibility, then they would need to apply for Leave to Remove the child from the Country. Equally, the parent who would be left behind could apply for a Prohibited Steps Order.

If someone with parental responsibility refuses to provide consent for their children to move abroad with their other parent, then a Leave to Remove the child from the Country Order needs to be obtained from the Court.

If you wish to move to a different country with your children and you haven’t got either written permission or a court order, then the move can be classed as illegal.

Typically, yes. If another person holds parental responsibility for your child, you will generally need their written consent before taking your child out of England and Wales, even for a short trip. There is a limited exception for those who hold a Child Arrangements Order specifying that the child lives with them, who may take the child abroad for up to 28 days without consent – provided no other orders prevent it. If you are unsure of your position, it is sensible to seek legal advice before making travel plans.

If a move abroad is under any dispute, for example, if the Court is involved due to parental disagreement, then children’s views could be taken into consideration, depending on their age and maturity. Ultimately, however, the main consideration is the welfare of the children.

The court’s overriding concern is the welfare of the child. There is no automatic advantage for either the parent wishing to relocate or the parent who opposes it. The court will apply the statutory welfare checklist, considering factors including the child’s wishes and feelings, their physical and emotional needs, the likely impact of any change in their circumstances, and the ability of each parent to meet their needs. The practicality of maintaining contact with the parent who remains in England and Wales, and the enforceability of any contact arrangements in the destination country, will also be carefully assessed.

To enable the CMS to both assess and collect maintenance, your ex must be within the jurisdiction of the Courts of England and Wales or must work for a company that is based in England.

If you have a child maintenance order in force currently in England, there is a possibility that you could seek to enforce it in some other countries.

The easiest remedy in this scenario would be for you to arrange with your ex directly. If you are unable to do this, you may be able to make an application to the Courts of England and Wales for maintenance. This is under Schedule 1 of the Children Act 1989, which has potential enforcement issues. Alternatively, you could consider making an application to courts in the country where your ex lives.

If you do choose to make an application in a country outside of the UK, you must first seek professional advice from international family lawyers in that jurisdiction.

This depends on the country involved and the nature of the order. England and Wales court orders are not automatically enforceable in all countries. In many cases, it will be necessary to obtain a mirror order (an equivalent order made by the courts in the other country) to make the arrangements practically enforceable. The ease of obtaining a mirror order varies considerably depending on the jurisdiction. Our solicitors can advise on what is achievable in your specific situation and help you put arrangements in place that are as robust as possible.

If the family is currently living in Australia, that country’s law will govern whether relocation is possible. Under English law, relocation out of the UK is only permitted if everyone with parental responsibility for the child/children has given their consent or with specific permission of the Court.
Ultimately, what persuades the Court is whether the move would be in the best interests of the child. The reason for the move would be considered alongside the effect on the parent who would be left behind.
Australian international family law may be like UK law. To be sure, you should seek the guidance of an Australian lawyer.