International divorce and children issues

Gabbie Clasper LL.B. (Hons)
0113 320 5000
family@winstonsolicitors.co.uk

Gabbie is Head of the Family Law Department. She is a solicitor nationally accredited by both the Law Society and Resolution as having a high standard of expertise in all aspects of family breakdown, and is one of a handful of lawyers who has accreditation in Advanced Financial Provision having demonstrated an expert level of knowledge and skill in resolving more complex financial cases, including those with an international element.

Increasingly, many couples have an international element to family breakdown as people move more freely and readily around the world than they have ever done before.

In the event of family breakdown many have a strong desire to return “home” to a support network of family and friends which they may not have in England. Whilst this may seem simple on the face of it, to book a flight ticket and move back with family, the legal repercussions can be costly and, if you have children, often deeply traumatic.

The financial settlement you may achieve in one country may be better than in another. You need expert legal advice about this. And quickly. In many cases a divorce can be started in more than one country but there is a rule of EU law which dictates that the divorce started first will prevail.

Under English law, if you have children, and you want to relocate abroad, you need the permission of everyone who has parental responsibility, or an Order of the English Court. Countries which are signatories to the Hague and European Conventions on Child Abdution will co-operate to ensure the return of children removed from England. If children relocate without the permission of both parents to a country which is not a signatory to the Hague and European Conventions, the parent left behind is often left with the costly and problematic task of initiating Court proceeidngs in a foreign country to try and seek the return of their children.

It is vital that you seek expert legal advice if there is an international element to your case. Such advice may well prove to be money extremely well spent in terms of precautionary measures that can be taken to safeguard you financially, and the welfare of your children.

The recovery of child maintenance between countries is complex. An overseas order may have been made in your absence. You may need to seek a decrease in the order. You may need to recover maintenance through an overseas Court for your children. Conventions determine what may and may not be recovered, and which Court can vary orders. We offer expert legal advice to help you through the complexity of international law.

Our Family Law Services

For more information about our family law legal services please click on the links below:

• Children
• Financial settlements
• Cohabitation
• Divorce
• Separation
• International divorce and children issues
• Meet the Family Law Team

Further information

Speak to our family team, in confidence on 0113 320 5000.

Or if you are calling from outside the area, use lo-call 0845 890 2277.

Or email us directly on: family@winstonsolicitors.co.uk