International Child Law – The Ultimate Guide

International child law covers a very broad area, but essentially, it oversees cases involving children that cross national borders. It can cover areas such as Parental Rights, Child Abduction and International Custody Disputes.

If you are worried about international child-related matters, then it is important to consult an experienced family law lawyer who can help you to protect the child’s best interests and to guide you in the right direction.

What does International Child Law cover?

In a nutshell, international child law covers issues relating to children who are subject to different national laws. This may be due to their parents’ residency or citizenship in different countries but also if they have been unlawfully removed from the UK to a different jurisdiction by one parent.  Such issues include the following: –

• Parental Responsibility – Establishing who has legal responsibility for the child subject to the matter.
• Child Abduction – cases where a child/children have been unlawfully taken from or retained in a foreign country.
• Child Custody and Access Rights – Defining the arrangements for a child/children, including where they should live and which parent they should see when parents have separated and settled in different countries.
• Child Relocation – Addressing a situation where one parent wishes to move abroad with the child, which is disputed by the other parent.

Taking a child abroad and child abduction

Taking your child/children abroad for a holiday (temporary removal) or a permanent move may initially seem straightforward. However, it can raise significant legal issues, especially where the other parent does not agree to the travel or relocation. Before you take your child/children abroad, whether it be for the purpose of a holiday or relocation, it is absolutely essential that you seek written consent from the other parent if they share Parental Responsibility.

International child abduction takes place when one parent takes their child abroad unilaterally and without the other parent’s consent. This can happen if a child is retained in another country following a holiday or if a parent relocates to another country. The Hague Convention is an international treaty designed to protect children from abduction and ensure their prompt return.

Prohibited Steps Order and Specific Issues Order

A Prohibited Steps Order, also known as a PSO, prevents one parent from making certain decisions about the child’s upbringing/welfare without the court’s permission. As an example, should a parent wish to take their child abroad and the other parent does not consent, they can make an application to the Court for a Prohibited Steps Order to prevent this from taking place.

A Specific Issues Order, also known as an SIO, is seeking the court’s permission about a certain aspect of the child’s upbringing, where an agreement between the parties cannot be reached. As an expel, a parent may wish to make such an application to allow them to take the child away on holiday, permanently relocate, or even to attend a specific school.

What happens if a child is abducted internationally?

If this circumstance arises, then immediate legal action is required. The first step is to contact an experienced Family Lawyer who will advise and assist in filing an application under the Hague Convention. An important point to consider, however, is that the Hague Convention does not apply to all countries (as not all countries have signed the treaty), and in such cases, the matter becomes more complex. However, there may be other international agreements and national laws that may assist in ensuring that the child is returned.

How to avoid any allegation being made in respect of international abduction

The best advice to avoid such an allegation is to always seek the written consent of anyone who shares Parental Responsibility before taking any decision to remove the child from their current jurisdiction, whether this be a temporary removal or permanent. This is a crucial step, and if consent cannot be obtained, then you must consider making a referral to mediation followed by an application to the Court for a Specific Issues Order in order to obtain permission from the court.

How can you be assured that your child will be returned after an oversees visit?

You may have given your consent to allow the child to go abroad either for a holiday or to meet family abroad, but at the same time, you may still have concerns as to whether or not they will be returned safely. In such a case, you can ask your client to provide you with written assurances about the child’s return date and location as well as evidence such as flight ticket confirmation. Additionally, if the matter is being decided in court proceedings, then the Court can consider issuing a mirror order in the country where the child is visiting, which will replicate the terms of the Order made in the UK court and will provide an extra layer of security.  Another option is for your lawyer to assist in negotiations that outline specific conditions for holidays abroad.

What is an International Children Court Order?

This type of Order outlines the arrangements for parents living in different countries and defines the arrangement for the child regarding who they are living with and how often they have been spending time with the other parent. Such an Order can be defined to include specific conditions for the visits, indirect contact, and alternative arrangements for school holidays.

FAQ’s

• Can my ex-partner stop me from moving away with the children?

If you both have parental responsibility, then your ex-partner can object to the relocation, and you will need to make an application for a Specific Issues Order to seek the Court’s permission to allow you to relocate with the children.

• What do I do if I believe that somebody is planning to abduct my child?

The first step is to consider applying for a Prohibited Steps Order to prevent the child from being removed from this jurisdiction without your consent.

• What do I do if my child has been removed from the jurisdiction without my consent?

The first thing you should do is contact a Family Lawyer. It may be necessary to apply for a return order under the Hague Convention or other legal instruments, depending on where your child has been removed.

• Can I relocate abroad with my children?

Yes, provided you have received written consent from everyone who shares parental responsibility. If you do not receive the written consent then you will need to make an application to Court before taking any steps to move.