International family & child lawyers

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 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. 

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.

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.

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.

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.