Guide to International Child Law

International child law oversees cases involving children that cross national borders. It can include issues such as parental rights, child abduction, and international custody disputes. If you are involved in or are worried about an international family situation, it is important to consult an experienced family law solicitor who can help you protect the best interests of your child.

International child law involves issues relating to children who are subject to different national laws due to their parents’ residency or citizenship in different countries. These issues can include:

Parental Responsibility: Establishing who has legal responsibility for the child.

Child Abduction: Dealing with cases where a child is unlawfully taken from or retained in a foreign country.

Child Custody and Access Rights: Defining where a child should live and which parent they should see when parents are separated and live in different countries.

Child Relocation: Addressing situations where one parent wishes to move abroad with the child.

Taking your child abroad for a holiday or a permanent move may seem straightforward, but it can raise significant legal issues, especially if one parent does not agree to the travel or relocation. Before taking your child overseas, it is crucial to obtain written consent from the other parent if they share parental responsibility.

International child abduction happens when one parent takes their child abroad without the other parent’s permission. This can happen if a child is kept in another country following a holiday or if a parent relocates to another country. The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to protect children from abduction and ensure their prompt return.

A Prohibited Steps Order (PSO) prevents one parent from making certain decisions about the child’s upbringing without the court’s permission. For example, a PSO can stop a parent from taking the child abroad.

A Specific Issue Order (SIO) is used when parents cannot agree on a particular aspect of their child’s upbringing. For instance, it can determine whether a child can attend a specific school or travel overseas.

Immediate legal action is required. The first step is to contact a family law solicitor who can help file an application under the Hague Convention and start to work with local authorities in the country where the child has been taken.

Please be aware that the Hague Convention does not apply to all countries (as not all countries have signed the treaty). In these cases, it is more complex but there may be other international agreements and national laws that may help in the return of your child.

To avoid allegations of child abduction, ensure that you have the written consent of anyone with parental responsibility before taking your child abroad. This is crucial whether the trip is for a holiday or a longer period. If you cannot reach an agreement with the other parent, consider applying for a Specific Issue Order to gain legal permission from the court.

If your child is visiting a parent or relative abroad, you may have concerns about their safe return. You can ask your ex-partner for written assurances about the child’s return date and location. Additionally, the court can issue a mirror order in the country where the visit is taking place, which replicates the terms of the UK court order and provides an extra layer of security. Another option is for your solicitor to help negotiate agreements that outline specific conditions for overseas visits.

This order outlines the arrangements for a parent living in a different country to have contact with their child. It may include conditions for visits, virtual contact, or specific arrangements during school holidays.

As leading family lawyers in Milton Keynes, we can advise you about international child law situations. In addition to our head office in Milton Keynes, we also have solicitors in Bicester, Watford, and Central London. Talk to us in confidence and find out where you stand. Get in touch – we’re here to help.

This article is intended for the use of our clients and other interested parties. The information contained in it reflects the author’s view and is believed to be correct at the date of publication. However, it is necessarily of a brief and general nature and should not be relied upon as a substitute for specific professional legal advice.