International Child Relocation
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International Child Relocation Solicitors
International Child Relocation can be a stressful process, as coming to an agreement amidst a relationship breakdown is often difficult and emotional. It is necessary for children to be able to have a positive relationship with both their parents and therefore an arrangement either formal or informal has to be put into place to ensure stability for children.
If, following a divorce, one parent decides to relocate with a child abroad, it can make things more difficult to determine when, where and how long each parent will spend with the child. Although the law governing child relocation concentrates on the welfare of the child, relocating abroad is not permitted unless each parent gives written consent, or it is ordered by a court order.
Why Choose Clifford Johnston?
At Clifford Johnston, we specialise in a variety of issues relating to family law. We know how sensitive these situations can be and endeavour to take the time to listen and empathise with the issues involved. We aim to make sure you understand your legal rights and responsibilities. We will work with you to ensure the appropriate steps are taken in order to find a workable solution to meet the needs of your children.
We take all cases seriously, especially when they involve children, and will be honest with you about your options from the onset. Some solicitors tell you what they think you expect to hear which can leave you disappointed. We are here to provide you with honest advice.
Get in touch – We will ensure every effort is taken to help you find a resolution without the need of making an application to the court.
If gaining an agreement is not probable, we will guide you through the Court process. If you have a child arrangement order in place but problems are resulting from them, we can support you with the enforcement of the terms or seek a variation of the agreement.
International Child Relocation
There has been an increase in relationships between people of different nationalities in recent years, leading to an increase in parents wanting to move abroad with their children after a divorce. In these cases, it can be hard for parents to come to an agreement on where their children should reside.
If parents cannot agree between themselves, with assistance from a mediator or help of respective solicitors then a court application can be made. The application is known as a ‘Leave to Remove from the Jurisdiction’ and lets the child relocate from this country on a permanent basis.
Should a parent threaten to leave the country with the child, or if there is a real fear such abduction might be possible, then the court has emergency powers to stop it from happening. A prohibited steps order can be issued by the court which means the parent is no longer allowed to remove the child from the country.
Cases involving International Child Relocation can sometimes be regulated by the Hague Convention, which sets out circumstances which may be considered child abduction when dealing with a relocating parent who chooses to return to their home country with the child rather than following through with their relocation within the UK.
When the Court believes there is an imminent risk that one of the parents is going to leave the country then they have the power to alert all the ports. Until all matters are properly decided the Court can also demand that the child’s passport and travel documents are surrendered.
The law in regard to children moving away from England can be quite complicated but at Clifford Johnston & Co we are here to ensure you have clear, practical advice to help you through the process. We understand that international relocation can be very hard and may have an emotional toll on the parents. We will therefore provide guidance to help you through the process.
What is The Legal Process Surrounding International Child Relocation?
It is fair to say that the legal process regarding relocation with a child after divorce can be long and complicated. Therefore, it is vital to ensure you have the correct legal advice.
Our team of solicitors can help you if you want to relocate your child and require consent of the other parent, or to make a Leave To Remove application to the court. We can also support you if you disagree with your ex-partner’s plan to relocate with your child or if your child has been relocated without your consent.
Relocation can impact any pre-existing child arrangements including child maintenance payments. For example, when relocation reduces the amount of time a child is with the paying parent then the maintenance owed may increase. Problems like these can make obtaining expert legal advice even more significant. To gain help with any disputes relating to international child law, please get in contact with our specialist family law team.
What is The Role of CAFCASS?
The Children and Family Court Advisory and Support Service (CAFCASS) can provide help and assistance to the court when dealing with disputes involving children. The Judge may ask the CAFCASS to assist with court proceedings and to make inquiries on behalf of the Judge.
Under these circumstances’ children are not typically required to attend court as this is deemed to be quite a stressful and adult-orientated environment. Although, the children are able to, in some cases, be individually represented and may be asked to speak to the Judge.
More commonly the Judge will suggest that the child is seen by a CAFCASS worker outside of the court, to determine any wishes or feelings they may have and to find out what they may wish for in terms of their ongoing relationship with their parents as well as other relatives.
CAFCASS can speak to significant people involved with the children such as schools as well as any other person who may play a vital role in the child’s life. They will also look at whether the family is known to the police or local authority Children’s Services (Social Services).
The CAFCASS reporter will arrange to see the parents gather information on their position and will look at their interaction with their child. They will then give proposals to the Judge about what they think will be the best arrangement for the child. The court’s main interest is always to make sure all decisions are in the child’s best interests and that their welfare is a priority.
We regularly help families to deal with International Child Relocation and Custody issues following a divorce or separation, so for professional, confidential advice contact us today.
Our friendly team will deal with your enquiry sensitively and with understanding. You can rely on us for helpful and supportive advice.
With offices in Stockport (Heaton Moor) & Manchester (Burnage), our expert family solicitors are easily accessible. We represent clients not only locally and throughout Stockport, Cheshire, Lancashire & Manchester but also across the United Kingdom. You can count on us to help and guide you whatever your challenge or circumstance.
Need some professional advice?
Do you have any issues that you are worried about? Contact our professional team for a free, no-obligation informal discussion, where we can discuss your particular requirements in greater detail.