Our society has seen huge changes in the last few decades. The construction of ‘the family’ has changed dramatically from the traditional married couple with a few children of their own.
We are seeing many more divorces, ‘merged’ families, civil partnerships, women progressing their careers before considering children, and a rise in highly advanced fertility treatment, adoption, and surrogacy. Freedom of movement of individuals and the internet have changed the landscape of family life and family law.
Moving Abroad With a Child
It’s far more common in today’s society for people to up and move to a different country, taking their children with them, than it has been previously. As such, frequent movement between countries and couples splitting up means that children are often caught in the middle. In such cases, applications to the Court have to be made, and the Court then has to look at which country the child is ordinarily resident.
- What do you do if you live in England and Wales and separate from your partner, and they want to – or have – removed your child from the country?
- What do you do if things are not going well and you fear that there is a real risk that your ex-partner will remove your child to another country?
- What do you do if you want to move to another country and your ex-partner opposes such a move?
The area of jurisdictional law is highly complex, and we are able to assist you in navigating the law and court process. Among the factors that the court will consider are:
- Where are the parents ordinarily (habitually resident)?
- What is the reason for the move?
- What are the circumstances of the child?
- Where are the family ties?
- Was there an agreement between the parties as to the basis on which the child will be sent or taken to another country for a temporary purpose, for example, that of education?
- Where was the child habitually resident at the time of removal?
- Has one parent alone tried to change the habitual residence without the consent of the other?
Finding a Family Barrister to Help Your Case
There may be other particular facts in your case which may be relevant. In such cases, we can assist you in presenting your case to the Court. Jurisdiction cases, more often than not, are heard in the High Court by High Court Judges. If you are to embark upon such a case, you will need the help of someone used to dealing with the Courts at that level and in this area of law.
Our family barristers have dealt with many High Court Jurisdiction Matters, working alongside QCs in appropriate cases, and won. If you need help or guidance through the minefield of International Jurisdiction Law, we can help.
If you are a legally aided client, or could qualify for legal aid, we can find you an experienced solicitor to help you fill in the forms and get the right legal team and level of representation that you need.