International Families and Cross-Border Divorce

When children’s lives cross borders, decisions must be made with great care.

Few things are more worrying for a parent than a dispute about their children that crosses international borders. Whether you are hoping to move abroad with your child, opposing such a move, or facing the wrongful removal or retention of a child in another country, the issues are urgent and the stakes are high.

Our family solicitors advise on cross-border children matters with sensitivity and urgency, always keeping the welfare of the child at the centre. We act quickly, and coordinate with lawyers abroad where a child’s situation reaches into another country.

Relocating abroad with a child

Moving to another country with your child, sometimes called leave to remove, generally needs the agreement of everyone with parental responsibility or, failing that, the permission of the court. These cases are decided on what is best for the child, weighing the benefits of the move against its effect on the child’s relationship with the other parent.

We advise parents who wish to relocate, and those who wish to oppose a move, helping you present the fullest possible picture of what the move would mean for your child.

When a move is opposed, or a child may be taken

Where there is a risk that a child may be taken abroad without consent, urgent protective steps are available, including court orders preventing removal and alerts at the border. Acting before a child leaves the country is far easier than seeking their return afterwards.

If you are concerned that the other parent may remove your child, we can advise on and put protective measures in place quickly.

International child abduction

Where a child has been wrongfully taken to, or kept in, another country, international arrangements exist to help secure their return. The 1980 Hague Convention provides a route to seek the prompt return of a child between many countries, on the basis that decisions about the child should generally be made in the country where they usually live.

Where a country is not part of these arrangements, other routes may be available, though they can be harder. These are among the most urgent cases in family law, and we act immediately to help, working alongside specialists and lawyers abroad as needed.

Which country decides about a child

Just as with divorce, more than one country may appear able to make decisions about a child. As a general rule, the country where a child is habitually resident has responsibility for decisions about them, and international conventions help courts in different countries respect one another’s orders.

We advise on which country should deal with arrangements for your child, and on how orders made in one country can be recognised and enforced in another.

Frequently asked questions

Can I take my child to live in another country?

Only with the consent of everyone with parental responsibility, or with the court’s permission. If the other parent does not agree, you would need to apply to the court, which will decide based on what is best for your child. We can advise on your prospects and help you prepare the strongest case.

My child has been taken abroad without my consent. What can I do?

Act immediately. Where a child has been wrongfully removed to, or kept in, another country, there may be a route to seek their prompt return, particularly under the 1980 Hague Convention. Speed is critical. Contact us as soon as possible so we can advise and take urgent steps.

Which country decides about arrangements for my child?

Usually the country where the child is habitually resident. International conventions help courts in different countries work together and respect one another’s decisions. We can advise on which country should deal with your child’s arrangements and how any order can be enforced across borders.