When Your Ex Emigrates With Your Children


August 4 , 2014

Source: separated dads

The modern world is getting smaller, with more and more people living and working abroad.

It’s no surprise that the number of international families is on the increase but what happens to the kids when these relationships break down and the mother wishes to return to their home country with the child? What rights does the father have?

children-parent

Your Rights

If both parents have parental responsibility for a child it is a criminal offence in the UK to emigrate with a child without the permission of the other parent or without an order of the Court. Parents have Parental Responsibility for children in the following circumstances:

  1. The Mother – always has PR
  2. The Father – if he was married to the Mother, or if he was named on the birth certificate and the child was born after 1st December 2003 or if there is a PR agreement stamped by the Court

Outcomes

There are 4 outcomes if one parent wants to take the child abroad to live permanently:-

  1. Permission refused by the Court and the Mother abandons her plans or the child moves to live with the Father
  2. The Mother and child emigrate with the Father’sagreement
  3. Lawful removal of the child by the Mother
  4. Unlawful removal of the child by the Mother

Outcome 1 is self-explanatory but let’s looks at the other 3 outcomes in more detail:

Outcome 2 – Emigrate with Father’s Agreement

Where the parents reach an agreement which permits one parent to move abroad with the child whist ensuring that they maintain a good relationship with the other parent. International travel is much cheaper and often parents agree a schedule of annual contact involving return trips to the UK in the school holidays and weekends and visits by the non-resident parent to the child’s new home. Other forms of contact can be agreed upon such as Skype, telephone, email and Face time.

 

In these circumstances it is always wise to apply to the Court to request an order in the agreed terms to prevent any problems further down the line. A court order may also be required by the immigration authorities if the proposed move is by a non-national who requires a Visa. Depending upon the Country where the child is going to be residing, it may be necessary to obtain a mirror order in the new state reflecting the terms of the English Court order. You cannot assume that Court Orders made here are enforceable abroad. If the move is to an EU country the order would be directly enforceable but unless the English court order expressly retains jurisdiction, it will pass to the new state after 3 months and in theory an application could be made in the new state to vary the agreed terms. If the new home is a signatory to the Hague Convention, the Central Authority in London can assist in enforcing a contact order abroad. If the new home is outside the EU and is not a signatory to the Hague Convention, for example Arab States and the Far East, retaining jurisdiction here or obtaining a mirror order is the best form of protection.

Outcome 3 – Lawful Removal of Child

Where parents cannot agree it is necessary for the parent wishing to remove the child to apply to the Court for permission to do so. If permission is granted, contact will also be ordered. This will then result in the lawful removal of the child. Depending on the child’s destination and whether that country would enforce the English Court order (as in EU Countries) it may be necessary to obtain a mirror order in the new home country to ensure contact is maintained. See above ” 2 .Agreement”

Outcome 4 – Unlawful Removal of Child

Where parents cannot agree and the parent wishing to leave simply takes the child without permission, this is parental child abduction. It is a criminal offence to remove a child from the UK without the permission of the other parent or order of the court (save for where the parent has a residence order and removal is for less than 28 days). If you suspect that your child has been taken abroad you will need to access specialist legal advice immediately. In some cases it is possible to stop a child leaving the country by notifying the ports and airports who will place the child’s details on a watch list. If the child has already left the UK, a lot will depend upon where they have gone and whether that country has an agreement with the UK to return wrongfully removed children. There are unfortunately circumstances where children are not returned which could result in the child losing its relationship with the other parent.

how-PAS-affects-children

If you are separated from your child’s mother and these issues arise for you it is important that you obtain specialist advice from a family lawyer with an international background which will enable you to consider the best way forward for you and for your child to ensure your relationship is maintained.

About the Author

This was a guest post written by Louise Halford, a family law Partner at Pannone LLP who specialises in child abduction.

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International Relationships and the Pain of Parental Child Abduction


March 3, 2013

Source: Huffington Post – Louise Halford

As Family lawyers know only too well, it is not always easy for couples to remain calm and composed when they split up.

Thankfully, only a relatively small proportion of the relationships which we have any dealings with feature any rancour.

Those which do can be difficult for all concerned if they involve children, especially so if the respective partners hail from different countries or cultural backgrounds.

They may want to take themselves and their children home to family and familiar surroundings overseas rather than remain in a territory which might have few if any comforts now that their relationship – be it marriage or cohabitation – has come to an end.

fighting-over-child-divorce

Exactly how frequent such circumstances have become has been made plain by the latest set of figures from the Foreign Office which show that cases of parental child abduction have risen by 88 per cent in a little under a decade.

The staggering nature of the increase has been compounded by the results of an accompanying survey which showed that nearly a quarter of Britons are unaware that taking a child overseas without permission is a crime.

The research goes on to highlight that half those questioned believed government can intervene to ensure the swift return of children abducted from the UK.

The truth is often rather more traumatic and long drawn-out.

Together with my colleagues at Pannone, I have dealt with too many cases to recall in which children have been taken beyond the reach of the Hague Convention.

The Convention was introduced in 1980 and allows for children taken to signatory states to be returned to their country of residence while any disputes about their welfare are resolved.

When children are removed to those countries which haven’t signed up to the Hague Convention, parents can face sometimes fruitless, lengthy and expensive procedures to bring about the return of children who have been taken from them.

Given that, it may alarm some people to read that Reunite International, a British-based charity specialising in parental child abduction cases, estimated that such non-Hague cases had risen by 206 per cent in the decade to 2011.

I believe that one of the reasons for making the statistics public now is that there appears to be more cases of abduction during various holiday periods throughout the year.

By releasing the information only two weeks before Christmas Day, the Foreign Office is reinforcing a pledge made last year to make people more aware of the issue and, more importantly, the truly devastating consequences for the children concerned.

It is my understanding that departmental officials have also met with parents whose former partners have abducted their children in an effort to put in place measures to help tackle the problem.

One idea might be to warn parents either at the start of a divorce or – more specifically –
at the commencement of proceedings regarding the welfare of the children that they cannot take them abroad without explicit legal permission.

Early, clear intervention of that nature might not prevent all abductions because, unfortunately, parents who are intent on abduction will do all they can to carry it out, regardless of the protocols in place to stop them.

However, it might prevent a proportion of abductions taking place and remove the
the sort of stress, time and cost involved once they happen.

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