When you split from your partner it can be a confusing time. Understanding your parenting rights and continuing to spend time with your children will likely be high on your priority list, but it can be scary if your ex lives abroad or is planning to move countries.
Here our family law solicitors explain what your legal rights are.
Your Ex May Be Considered as Abducting Your Child
This may sound a little extreme, but in the eyes of the law, if you have Parental Responsibility, you’re abducting your child if you wrongfully remove them from their usual country of residence, keep them in a foreign country after a holiday, and if this breaches your rights under an Order.
In fact, you need permission from everyone who has parental responsibility to take a child abroad for any period of time, unless a child arrangement order is in place. This usually allows a parent to take a child on holiday for up to 28 days without needing to seek permission from the other parent.
If you do not agree with your ex moving your child away and exercise your rights to custody at the time of the move, and they do not have permission from the court, then you may call upon the Hague Convention.
What is the Hague Convention?
The Hague Convention is a fundamental and international law which regulates which nation has the right to decide where a child should reside. We believe this convention doesn’t always have the child’s best interests at heart, unlike most other custody laws, as it designed to determine legal responsibility rather than protect children. However, in the majority of cases, the usual residing country comes out on top.
Despite this, the court may not order a return in line with the Hague Convention if more than a year has passed since the move, if a return would expose the child to physical or psychological harm, or if the child objects.
In England and Wales, this decision is made by the family division of the High Court who will decide whether a relocation is genuine, assess the plans to see if they are realistic and well-researched, and make a decision whether a move abroad is in the child’s welfare.
What About Child Maintenance Payments?
If your ex-partner lives abroad, enforcement of child maintenance decisions depend on the location they reside.
If they live outside the EU, then we would recommend contacting the family court where the child maintenance decision was made for advice and to get legal advice from a trained solicitor in the country where your ex lives.
If they live in an EU country, download and fill in a REMO7 form, then send it to your nearest Maintenance Enforcement Business Centre, alongside any supporting documents. They will pass your application on to the REMO Unit and will ensure a decision is recognised and enforced.
What Actions Should You Make Now
If you suspect your ex will take your child abroad without your consent, or this has already happened, alert your local police station and then contact one of our experienced family law solicitors in Cardiff as soon as possible.
