Child arrangements may prove to be complex when parents are in diverse nations after a divorce or separation. Among the international problems surrounding children are the issues of which country a child would be received in, the kind of contact to be given away, or should the child be brought away. These are issues which should be dealt with during the course of caution and thorough grasp of international family regulations.
International child arrangements are the decisions regarding the residence of a child, to whom the child should be left, and the visits in case one or both parents are not living in the country. Most of these cases have cross-border mobility and may be subject to problems in the law of the UK, foreign law and the international conventions such as the Hague-Convention
The result, in each instance, is the same one is that the welfare of the child should be the primary consideration. The idea of courts is to establish a system that will enable children to have meaningful relationships with both parents without being unstable or unsafe.
General International Child Arrangement Problems.
The international cases of family may entail a number of problems, which may include:
Parental Relocation: This occurs when one parent seeks to relocate the child to an overseas country and the other parent objects.
Child Abduction: An act of taking or retaining a child in another country in the absence of the other parent.
Contact Across Borders: This is to ensure that the child and the non-resident parent have frequent contact and regular visits.
Child custody or contact orders issued in a foreign country: This enforcement of orders confers the rights of parents under that order.
Conflicts of jurisdiction: The jurisdiction issues lie in which court system the case should be taken.
All these matters have to be manoeuvred through legal means to ensure that the rights of the child are addressed, as well as the legal standing of the parent.
In the UK, the courts will decide on the jurisdiction through the habitual residence of the child. When a child is habitually resident in England or Wales, then the UK Courts are usually in control of the case. Nevertheless, in the case of another country, the Hague Convention or bilateral agreements can be invoked, by which the course of the case is decided. For example:
In cases where a child has been kidnapped or held elsewhere, the Hague Convention on Child Abduction (1980) could be applied in a bid to recover the child.
In cases where both parents may reside in other countries, the courts take into consideration issues that include the best interests of the child, cultural affiliations, education and emotional welfare, and the court decides where the child will be placed.
In court, the child will be given priority. They consider:
Orders may include provisions on visitation rights, holiday visits, virtual communication, and shared parental responsibility, among others, depending on what is in the child’s best interest.
At First Law Solicitors, we understand that international cases involving children are very emotional and legal in nature. Our family law solicitors can:
If you and your opponent have to organise an international child arrangement case, there is no point in wasting time referring to professional legal support.
Today, it results in the confidence and defence of international children arrangements in any part, and your partner would be happy to assist you directly. Contact First Law Solicitors. We will ensure that we do everything in our power to defend the well-being of your child and your right to be parents to your child, no matter where he or she is.
Copyright © 2025. First Law Solicitors. All Rights Reserved
