How are child arrangements handled internationally?
Maintaining contact and a healthy relationship with your child is an important yet difficult aspect of divorce. Due to the rising international marriages, therefore, child custody disputes cross borders in the event of divorce. Child care and custody disputes in family law are not restricted to the borders of the UK.
How are child arrangements handled internationally?
Each country has different rules and regulations when it comes to dealing with child care proceedings. Other countries are not bound to abide by English laws. There are no specific or standard childcare arrangements followed internationally as no two child custody and access cases are the same.
If the parents of the child are not residents of the same country and the child routinely resides with both parents, it is difficult to determine which country has jurisdiction to hear the child custody and access dispute.
The matter gets complicated when parents live in two different countries, not to mention, the increasing legal cost and inconvenience. Fortunately, some international laws allow foreign orders to be enforced in England.
If the country in which the order was made is a signatory to specific international laws (the 1996 Child Protection Hague Convention or Brussels II revised), it is possible to get the order registered and recognised in England, saving the costs of going through the legal proceedings for the same order.
International Access
In the case of an absence of an order that deals with international access, the parent can apply for an appropriate access order if the lawful relocation takes place.
If the country in which the access order is applied is a signatory to the 1980 Child Abduction Hague Convention, the parent can rely on Article 21 of the convention to seek access.
International Relocation
A parent can not move to another country permanently with the child without the consent of the other parent or court order. If the application is made to the court with justifiable reasons, the court may allow relocation.
If one parent opposes relocation, they can provide relevant evidence such as the child’s educational progress, family, support network, and other activities and how they will be impacted by the relocation.
Wrongful Retention
If the parent had the permission to take the child abroad, however, they kept the child past the agreed return date with no justifiable reason, it is classed as wrongful retention or child abduction.
Even if no pre-existing order is in place, there are several international abduction laws to ensure the return of the abducted child to their home country.
Wrap Up
There are no standard international agreements prescribing how childcare should be apportioned. It is even more daunting when parents reside in two different countries, therefore, consult a solicitor that understands the local, national, and international regulations related to the childcare proceedings.
Disclaimer:
The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Connaught Law and authors accept no responsibility for loss that may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please don’t hesitate to contact Connaught Law. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Connaught Law.
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