Please type more than three letters in your search query

info@family-law.co.uk
01625 544 650
Contact Us

info@family-law.co.uk

01625 544 650

Contact Us
Contact Us

International Child Contact Arrangements

There are cases where a child is to be taken out of the jurisdiction of England and Wales for the purpose of a contact visit with the other parent. Sometimes this also involves taking the child overseas to visit extended family. The risk or concern is about what happens if the child is not returned. The English family court will always look at the best interest of a child. In this type of international contact case, the court will assess not only the magnitude of risk of breach of the contact order but also the magnitude of the consequence of any breach.

I am worried that my child will not be returned home after a holiday visit, what steps can I take in advance?

The first step is to take specialist legal advice from an international family law solicitor. Your family lawyer should check whether or not the foreign country is a contacting state to the Hague Convention. Even though the country may be its signatory, that does not necessarily mean it has a good record of returning children to England and Wales.

It is also advisable therefore to check with the International Child Abduction and Contact Unit about the foreign countries history of compliance with return orders etc..

Where the foreign country is not a signatory to the Hague Convention then the Foreign and Commonwealth Office may be able to provide similar assistance.

Subject to assessing the risk, the following children orders could be considered:

  • Whether or not it is appropriate for the child to be a ward of court.
  • The child to live with the parent who cares for him/her day to day and the child to reside in England and Wales.
  • The other parent to have defined contact with the child.

Are there any other safeguards I can take to protect my child in an international content case?

With specialist international family law advice, it may be possible to fine tune your case to add other layers of protection to include:

  • A declaration about the child’s place of habitual residence i.e. in England and Wales.
  • A declaration about the child’s citizenship i.e. British.
  • The parent who is to take the child overseas, to provide the other parent with a bank guarantee or a charge on a property to be put in place prior to the travel.
  • Disclosure of travel documents/tickets and full details of the travel plans.
  • For any English children order to be presented (possibly via the FCO) at the Foreign State’s Embassy in London for notarisation and certification and/or for the Foreign Embassy to be served with the children order as well.
  • To lodge a copy of the English children order with the British Embassy (if there is one) in the foreign country.
  • Translated copies of all the relevant orders (English and foreign) together with notarised documents to be available.

Related Videos

International Family Law

International Family Law with James Maguire

Divorce Finances

Divorce & Finances with Henry Venables

Other Services

Will my international children contact order to be recognised in the foreign country?

A mirror order is a protective measure so that an English children order is made in similar terms by the foreign country, if this is possible.

This should include provision for the following:

  • To invite both parents to sign the children contact order to demonstrate that they both agree and accept its terms and with the intention that they will be bound in both jurisdictions.
  • A formal invitation by the English family court to the foreign court to put into effect the parents’ agreement and to adopt the English order as an order of that foreign court.
  • The terms of the English children order should be set out.
  • It should be reflected that the parent with care is the custodian of the child and the child is not being removed from his/her care or control without an order of the English family court.
  • The parents agreeing that the child is under the residual guardianship/residence of the English family court and the English family court has sole jurisdiction.
  • The foreign court does not have jurisdiction to decide any questions as to custody, residence or the welfare of the child.
  • The parents’ agreement is to be governed by and interpreted I accordance with English law.
  • The foreign court is to accept that the agreement is valid and its terms are not contrary to any principles of the foreign state’s law.
  • The foreign court will enforce the provisions of the children order/agreement

What promises or assurances can my ex provide to return my children after an overseas visit?

An undertaking is a formal promise to an English court and such promises and agreements can be made in an international child contact case, to include:

  • An agreement that the parent with care shall have custody of the children in England and Wales.
  • The other parent to have international contact overseas and shall return the children at the end of each visit.
  • That parent shall also consent to and place no obstacle in the way of the parent with care at the end of such visit.
  • The parent with care shall also be entitled to accompany the child.
  • The parents to apply to the court of the foreign country for an international family law order to confirm that the children reside with the parent with care and following any overseas visit/international contact, that the children will be returned.
  • The nonresident parent would promise not make any children application other than to the English family court.
  • For any contact in England, the parent exercising international contact to lodge (for example with his solicitors) his travel documents and passports during the contact visit.
  • To agree and cooperate to obtain information from the foreign country about details of any current passport issued to the children or on which they are named to travel.
  • Not to obtain any further passport without consent or permission.
  • Subject to the relevant foreign country, to make a formal declaration on oath on the Holy Qur’an before an Iman or other appropriate person to honour the notarised agreement/declaration

How can we help?

Prevention is always better than cure. In any international children and family law case, there is always a risk that a child could be unlawfully retained in a foreign country or unlawfully removed from England and Wales. Read further about child abduction.

If any of these international child contact issues affect you then please call us immediately. It is vital that you obtain specialist international family law advice before taking any steps; and so that an assessment of your case can be undertaken and the risks considered. We can advise you in relation to the family laws of England and Wales. James Maguire is a Fellow of the International Academy of Family Lawyers and has over 20 years experience dealing with international contact and child abduction matters. We also work with independent international family lawyers around the world. We are on the US Embassy panel list and other embassies to include British Consulates Overseas.

Contact Us