International family law

Within families, there are certain instances where you will need expert legal advice if you are separated or divorced and your child is taken to another country by their other parent, or if you wish to do this yourself.

Our specialist international family lawyers look after clients across Sussex, with offices in Brighton, Chichester, Crawley, Eastbourne, East Grinstead, Lewes, Peacehaven, Seaford and Storrington, as well as London.

Abduction and wrongful retention – legal advice

In the UK, it is illegal to take a child under the age of 16 out of the country without the consent of everyone who shares parental responsibility (i.e. both parents) or the permission of the court. This is a criminal offence known as abduction.

It is also illegal and a criminal offence – known as wrongful retention – to keep a child in a foreign country following an overseas trip without the appropriate consent to remain there, from everyone with parental responsibility.

These are both extremely upsetting and serious circumstances, therefore if this happens to your child, you will need to make an emergency application to the court to secure their immediate return. Time is usually of the essence in situations like these and it is vital to act quickly.

Our expert family solicitors will be able to offer you prompt advice, be able to prioritise your needs and work swiftly towards the safe return of your child.

Legal help with international relocation

Another situation where you are likely to need legal advice is if you or your child’s other parent wishes to move abroad with your child.

In this circumstance, you may wish to stop this from happening or if you are the one who wants to move abroad, you might face opposition or refusal from your child’s other parent or difficulty in obtaining consent as part of parental responsibility.

If relocating abroad is something you want to do and the consent of all those with parental responsibility is not forthcoming, you may need to make an application to the court. The child’s welfare is the primary consideration for the court, the court will have regard to the welfare checklist.

You will need to show that the relocation is in your child’s best interests. The court will also want to ensure their relationship with the parent who is left behind will not suffer.

The following issues will need to be considered when presenting a case to the court:

• Details of the home where the child will live.
• Details of any support network for both the child and carer.
• The arrangements for the child’s education.
• How the relationship with the left-behind parent will be managed in a positive way, including the frequency and cost of travel.
• The reasons behind the relocation and the positive impact such a move may have on the child.

To make an effective presentation to the court, it’s vital to show that you have planned it thoroughly and considered all of the relevant factors.

Contact our international family lawyers today for expert legal advice

If you are experiencing any situations involving your children being taken abroad and are seeking legal advice, our team can help. Contact us today and we can discuss your options.