Separation is difficult enough, but when your ex-partner lives abroad or plans to move overseas with your child, the situation can become even more complex. As a parent, it is crucial to understand your rights and how to protect your relationship with your child.
Child Arrangements
As a parent with Parental Responsibility, you have the right to be involved in key decisions about your child’s life, including where they live. If your ex-partner wants to relocate abroad with your child, they must obtain your consent or obtain from the Court a leave to remove ‘specific issue’ order before making the move. Without this, the relocation could be considered child abduction under UK law.
In these circumstances, it is imperative to have a ‘belt and braces’ order providing for all the arrangements for your child’s visits to the UK, what other phone/video contact should take place alongside these and if possible, to have the order registered in the country in which the child and your ex-partner are living for enforcement purposes.
If you do not agree to the move, you can challenge such application to remove the child and cross apply for an order that your child resides with you in the UK. It will then be for the Court to decide based on Section 1 (3) of the Children Act 1989 known as the ‘Welfare Checklist’ which are:
- the ascertainable wishes and feelings of the child concerned (considered in the light of their age and understanding);
- their physical, emotional and educational needs;
- the likely effect of any change in their circumstances;
- their age, sex, background and any characteristics, which the court considers relevant;
- any harm which they have suffered or are at risk of suffering;
- how capable each of their parents, and any other person in relation to whom the court considers the question to be relevant, are of meeting their needs;
- the range of powers available to the court under this Act in the proceedings in question.
The Hague Convention
The Hague Convention on International Child Abduction is an international treaty that can help if your child is taken abroad without your consent. It provides a legal process for seeking the return of a child to their country of habitual residence. However, the success of such an application depends on various factors, including the timing of the application and the circumstances of the child’s removal. There are, currently in 2024, 91 countries in the Hague Convention. Obviously if a child is taken to a non-Hague Convention country it can be more difficult to recover a child in the event of an abduction or enforce the childcare arrangements providing for contact and visits to the UK, within the order.
Contact with your children when your ex-partner lives abroad
If your ex-partner lives abroad, you still have the right to maintain regular contact with your child, and to enforce that you stay connected through various means, such as:
- Physical Visits: You may arrange for your child to visit you in the UK or for you to visit them abroad during school holidays or other agreed times.
- Virtual Contact: Technology offers various options for maintaining regular contact, such as video calls, phone calls, and messaging. The court may set specific times for virtual contact to ensure consistency.
- Special Occasions: Arrangements can also be made for contact during special occasions like birthdays, holidays, and significant family events.
It’s important to establish a realistic and workable contact plan that suits the child’s age, commitments and the practicalities of international travel.
Child Maintenance
Child maintenance remains a legal obligation regardless of where either parent lives. If your child lives with your ex-partner abroad, you are still responsible for contributing to their upbringing financially, and the calculation for this will depend on the jurisdiction in which your child lives.
If your child and both parents are living in the UK, the Child Maintenance Service (CMS) in the UK is responsible for the calculation of child maintenance and can facilitate payment if necessary under the collect and pay facility. If your ex-partner lives outside of the UK, but your child lives with you in the UK, the CMS does not have jurisdiction and you will have to apply to the Court for an order, the Court basing this on the other parents liability under CMS formula although the Court will have the discretion to factor in other considerations. If the other parent resides in a country which is a member of the Reciprocal Enforcement of Maintenance Orders (REMO) agreement, then this country can enforce the child maintenance order made by the UK Court.
Seeking Legal Advice
Enforcing child arrangements and maintenance orders internationally requires careful handling due to their complexity, given that each case and the circumstances therein are unique. Consulting with a family law solicitor who has experience in international cases can help you navigate these challenges, protect your rights, and ensure the best possible outcome for your child.
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