International Custody Lawyers

As Featured In

With a wealth of experience advising families, we excel at helping parents navigate the laws in the UK and foreign countries. Plus, in the event of an abduction or any other emergency, you can put your trust in us to provide you with timely and practical advice to protect your children. We specialise in all aspects of international child law, from contact and residence to relocation, abduction and international surrogacy.

If you are based in the UK or abroad, call us on 0300 303 2071 or email info@witansolicitors.co.uk. We will arrange a free, initial consultation with one of our international child law specialists to discuss the details of your case.

How We Can Help

There are a number of national and international laws on the movement of children to and from England and Wales. Naturally, as a parent, you want to ensure that your child is in a safe environment and within your reach. In the event of a separation, you may wish to return to your home country or start a new life abroad with your child. In such cases, you will need to get permission from the other parent. If you are struggling to reach an agreement, dispute resolution methods such as arbitration and mediation can help you avoid costly litigation

If dispute resolution is not successful, without the other parent’s written permission, you will need to apply to the court for a specific issue order. If the court does not grant permission and you still move, you may be committing child abduction so it is important to get accurate legal advice.

Equally, it is important to ensure that arrangements are made for children to remain in contact with the parent they are leaving behind. These arrangements need to have a solid legal foundation that will be recognised by the legal systems of the countries involved. Our international child law solicitors can ensure that these arrangements comply with all relevant laws and regulations.

Whether your case involves the relocation of children abroad, international travel disputes or international contact disputes, we will help you achieve the best outcome for you and your child.

Why Choose Witan Solicitors?

International child law can be a particularly complex area of law. But thankfully, our international family law experts have an unmatched understanding of international child law matters. We know how sensitive these cases can be. That is why we always maintain transparency and act accordingly to help our clients resolve disputes without distress and upset. With us by your side, you benefit from:

• More than 100 years of legal experience
• Representation from a Legal 500 recognised law firm 
• Jargon-free and timely legal advice
• Proven track record of successfully handling international family law cases
• International child law solicitors in London, Birmingham and Northampton

FAQ

How can I ensure that the agreed-upon arrangements with my children are honoured when they relocate abroad?

If your international child contact arrangements are not implemented, it may be possible to register an English or Welsh court order in the court of the country involved. Our expert international child law lawyers can advise on international conventions for family law and help you ensure the cross-border enforcement of child arrangement orders.

Can an international child custody attorney assist in preventing a former partner from relocating abroad with our children?

Your former partner cannot legally relocate your children to another country without your permission or that of the court. When it comes down to it, the court will assess whether the move is in your children’s best interests. If you wish to oppose an application to the court, we will assess your former partner’s plans to determine whether you have a strong case.

I am concerned that my former partner might take our children abroad against my wishes. How can Witan’s international children solicitors provide assistance?

It is usually much easier to prevent children from leaving the country than it is to secure their return. That is why it is crucial to secure specialist legal advice at the earliest opportunity. Our experienced international child law solicitors excel at resolving international family law cases involving the relocation of children and have the expertise to resolve your case swiftly.

If the threat is real and imminent, it is wise to inform the police and apply to the court to get a Prohibited Steps Order, as well as a port alert to prevent departure. You can also apply for an order to restrict the issue of new passports. It is also highly recommended to ensure that your children’s passports are stored somewhere secure.

If my former partner is unwilling to allow me to move back to my home country with our children, what steps can I take?

If your former partner does not give you permission to take your children to another country, you can apply to the court. You will need to provide a detailed explanation of your plans and show that you have practical arrangements to ensure that contact is retained between your children and the other parent. The court will then decide whether it is in your children’s best interests to relocate. Our solicitors can help you present a strong proposal to the court.

Is it possible for a parent with shared custody to relocate with the children?

If there is a child arrangements order in place, neither parent can remove the children from the court’s jurisdiction without the consent of the other parent or that of the court. However, if the order is in favour of one parent, this allows them to remove the children from the country for up to one month without consent.

If the order says that the children live with both parents, they will both be able to take the children abroad for no longer than a month provided it does not breach the other provisions of the order.

In cases where consent is required but not obtained, the parent wishing to take their child abroad will need to apply for Leave to Remove the child from the country. Likewise, the parent who would be left behind can apply for a Prohibited Steps Order.

My ex-partner refuses to pay child support and resides outside the UK. What options are available to me?

To allow the Child Maintenance Service to assess and collect maintenance, your former partner must live within the jurisdiction of the courts of England and Wales or be employed by a company that is based in England.

If you currently have a child maintenance order in force in England, you may be able to enforce it in certain countries. That being said, the most efficient remedy in this situation is to come to an agreement with your former partner. If you cannot reach an agreement, you can apply to the courts for maintenance under Schedule 1 of the Children Act 1989. Alternatively, you can apply to courts in the country where your former partner lives.

Can an Australian-born child move to England with her British citizen mother for permanent residence?

If your child currently lives in Australia, Australian law will determine whether relocation is possible so it is wise to seek advice from a family lawyer specialising in Australian law.