Planning Together for Children is the name of a course run by the organisation CAFCASS (Children and Family Court Advisory and Support) for separated or divorced parents.    In this blog, our children law solicitors look at the Planning Together for Children course and explain your options if you are a separated parent struggling to reach an agreement with your ex-partner on post-separation parenting arrangements for your children.  For expert family law advice call our team or complete our online enquiry form.   Planning Together for Children has replaced the Separated Parents Information Programme (SPIP) If your friends have told you that after they separated from their spouse, they went on a SPIP (or Separated Parents Information Programme) then you need to be aware that the Planning Together for Children has replaced the SPIP.  Can you use the Planning Together for Children resource? Access to the Planning Together for Children resource is limited to those parents and carers who are ordered by a family court judge to attend the course or who are referred to the course by a Family Court Advisor in children law court proceedings.  You therefore cannot access the online E-learning resources or attend the Parenting Together for Children workshop if you are a separated parent who is looking for information to help you reach an agreement about the parenting arrangements for your children. Nor can you use the resource if you are struggling with sharing parenting responsibilities with your ex-partner but neither of you has applied to the court for a child arrangement order, prohibited steps order, specific issue order or relocation order.  Options if you cannot use the Planning Together for Children resource If you want help in parenting together after separation there are a lot of useful books and online resources. If you need help with family dynamics speaking to a family therapist or counsellor may help as they may be able to assist you both in understanding the priorities of the other parent and help you focus on the best interests of your child when reaching a compromise about shared care, contact arrangements or parenting styles.  If you are struggling to reach an agreement about parenting after a separation or divorce you may not need to apply to court for a child arrangement order as you may be able to reach an agreement through:  Solicitor round table meeting  Solicitor negotiations  Family mediation   Once you have reached an agreement it is a good idea to record what you have agreed in a parenting plan. These types of plans need to be reviewed as your child grows up or circumstances change. For example, if your child wants to go to football sessions on a Saturday or ballet on a Wednesday after school or if one parent has to move house out of the area because of a job move.  You might also be interested in:   [related_posts] A Planning Together for Children referral If you are ordered by a judge to attend the Planning Together for Children course or a Family Court Advisor makes a request to the court for a referral there is no charge for accessing the online resources or going to the workshop.  Whilst you may not be a fan of e-learning or workshops it is important to try and get as much as possible from the course to give you the best shot possible of reaching an agreement with your ex-partner or being able to tell the family judge that you did so.  If you do not go to a Planning Together for Children course when ordered to do so by a judge the court may reorder your attendance on the course. This may delay your court application. Any delay or refusal to attend may make it less likely that the court will make the type of child arrangement order you are seeking.  What does the Planning Together for Children course cover? The e-learning section of the course will look at matters such as:   What happens if you go ahead with the child arrangement order or specific issue order court application?   How a separation and how you handle the separation can affect your child   Conflict and its impact on your child     Looking at the family situation from your child’s perspective   Supportive co-parenting – what it is and how it works   Communication skills to help you listen to your child and co-parent    Once the e-learning section is completed you move on to a workshop. This will normally take place online. Although the workshop is normally held online there are never more than 6 parents in a workshop group. Your ex-partner will not be in the same workshop as you.  The workshop focuses on the negative impact of parental conflict on children, how best to manage conflict and how to improve communication with your child and ex-partner so you can effectively co-parent.  The course will encourage you to discuss and agree on a parenting plan for your child to set out the residence, contact and other important care details for your child to avoid the need for you or your ex-partner to go ahead with your child arrangement order application.  How can Evolve Family Law help you? At Evolve Family Law all our family law solicitors are committed to resolving parenting disputes outside of court wherever possible. For example, through providing legal support during family mediation or helping you negotiate a parenting plan. Reaching an agreement is not always possible. For example, if you fear child abduction as your ex-partner has threatened to take your child overseas or if your ex-spouse is displaying alienating behaviour and refusing to let you see your child, or if you are concerned about contact arrangement because of a history of domestic violence.  Our family law solicitors will listen carefully to your needs and priorities and help you secure the agreement or court order you need for your children.   For expert family law advice call our team or complete our online enquiry form.    

You would think that people would know if they are married or not. It is however surprisingly common for either a husband or wife to ask the question ‘Are we married?’ Often the query crops up when a couple is separating or contemplating divorce proceedings. For expert family law advice call our team or complete our online enquiry form. Are you married? Most people would think that a quick look at the wedding photo album would be sufficient to answer the question of whether the couple is married or not but that isn’t necessarily right. One of the first questions for a family solicitor to ask is where the couple got married. If the ‘marriage’ took place in the UK the husband and wife may think that their ceremony of marriage means that they are legally wed. However, if the ceremony didn’t take place at a licensed venue or if the couple didn’t subsequently participate in a civil ceremony of marriage they may not be legally married in the UK. The scenario isn’t that uncommon as often the focus is on the religious marriage ceremony, which has the real meaning for the couple and their family and friends. That can leave those, for example, who have enjoyed a Muslim religious ceremony of marriage or those who married in a Wiccan ceremony not legally married. [related_posts] Marriages in unlicensed venues Most people won’t be surprised to hear that the law can step in and decide if a couple is married even if they didn’t comply with the UK legal requirements at the time of their marriage ceremony. A husband or wife can ask the court to declare that they are married if certain criteria are met. Invariably if declaration of marriage proceedings are started then either the husband or the wife is arguing that they aren’t legally married. That means there is a risk that the court will decide that the couple is not married. Why marriage matters If the court decides the couple isn’t married then there is no need for divorce proceedings. Importantly financial claims on separation will be limited as the husband and the wife won't be able to make claims against the other’s income or pension. The type of ‘marriage’ ceremony can therefore affect whether a couple is treated as married in the eyes of the law or legally viewed as cohabitees. In some cases that can mean the difference between getting half the house and the pension and maintenance and getting nothing as a cohabitee. Marriages that take place overseas If the ‘marriage’ took place abroad there is often an assumption that the couple aren’t legally married in the UK. That is often an incorrect assumption as provided that the marriage was recognised as legally valid in the country in which it took place it is normally accepted in the UK as a marriage. That means that if the couple is settled in the UK they can get divorced in the UK and the English court will decide on how their assets are divided, even though they got married at a chapel in Las Vegas, a beach in the Caribbean, or a religious ceremony in their country of origin or choice. These rules can throw up surprising results as the quickie marriage in the Las Vegas chapel may be a legally valid marriage in the UK whereas the well-photographed religious ceremony at an unlicensed venue may not be, even if attended by all of the couple’s family and friends. If you are contemplating marriage then there is no reason why you can’t have the wedding of your choice in either the UK or abroad, but if you are planning a religious ceremony or a wedding at an unusual venue or abroad it is sensible to check the status of the ceremony so both bride and groom know where they stand. For expert family law advice call our team or complete our online enquiry form.

Parental alienation is a concept that has gained familiarity through divorce solicitors and child experts writing about the effect of parental alienation on the children of separated parents and on the parent who has been alienated. A recent family court case has suggested the use of the words ‘alienating behaviour‘ rather than labelling one parent as guilty of parental alienation. In this blog, our children law expert Louise Halford looks at the case and looks at how to approach child arrangement order applications involving allegations of alienating behaviour. As a specialist firm of Northwest family law solicitors, our lawyers can advise you on sorting out residence and contact arrangements after a separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form. What is alienating behaviour? Alienating behaviour or parental alienation is where one parent turns a child against the other parent without good reason. You may think that there is never a good reason to cause a child to reject a parent but some level of anxiety about a parent-child relationship may be justified where there are, for example, very real fears of domestic violence or a concern that a child will get sucked into the other parent’s lifestyle choices, such as the parent’s drug or alcohol addiction. In other families, a parent may not have created the child’s feelings of aversion towards the other parent. The child’s feelings may be down to the child’s misconception that one parent was entirely to blame for the marriage breakdown and for the sale of a much-loved family home resulting in the child needing to change schools. In classic cases of parental alienation, there is no objective justification for the alienating behaviour. One parent, through no fault of their own, is squeezed out of their child’s life. Some parents decide to fight back and apply for a child arrangement order so they can continue a relationship with their child. That’s what happened in the case of Re C ("parental alienation" instruction of expert) [2023] EWHC 345 (Fam). The judge,  Sir Andrew McFarlane, said "The identification of ‘alienating behaviour’ should be the court’s focus, rather than any quest to determine whether the label parental alienation can be applied." That approach makes perfect sense as the behaviour needs to be the focus of the court investigation rather than the label. [related_posts] The Children and Family Court Advisory and Support Service (the independent body tasked with providing reports to the court in children law proceedings for child arrangement orders, specific issue orders and prohibited steps orders) have issued guidance on the sort of behaviour a child might display if they have been alienated against one parent by the other. Whilst the guidance is helpful, it’s best to not be too focused on blaming the other parent for your child’s response to requests for contact but to examine any other reasons for your child’s reluctance to see you. For example, older children can be heavily influenced by their friends or by their social commitments and they may hate the thought of spending time with either of their ‘uncool’ parents. Alternatively, a child may be anxious about a new school or about school exams but instead, refocus their anxiety on parental contact rather than address the real reasons for how they are feeling. The impact of alienating behaviour Alienating behaviour can have a devastating impact on a child’s relationship with either their mother or father. Once a child has been alienated and turned against a parent it can be extremely hard to change a child’s mindset that one parent is bad and that the other one is good and can do no wrong. A child’s simplistic view of their parents can lead to long-term emotional and psychological damage to the child. Initially, the child may seem happier that they have cut one parent out of their life, thus reducing the other parent’s antipathy to the weekly contact handover. However, in the longer term, the child may experience feelings of guilt or even reject the parent who encouraged them to stop or limit contact with their other parent. As family lawyers, we understand that many parents don’t foresee the consequences of being openly hostile or critical of the other parent. To some parents saying what they think about their ex-partner in the presence of their child is a way of letting off steam after a difficult separation and a way of verbalising their own feelings of hurt and rejection. It can be an immense comfort to one parent when a child takes their side and is supportive. However,  the parent’s feelings of anger can be projected onto the child who in turn then rejects their other parent, thinking that their views are all their own idea but, in reality, they stem from one parent’s alienating behaviour. Any child arrangement order application involving allegations of alienating behaviour needs to be addressed with a measure of sensitivity and caution. Whilst a parent denied contact with their child wants action, and most importantly wants contact with their son or daughter, it’s best to acknowledge how essential it is to move forward at the child’s pace to repair any damage created through one parent’s alienating behaviour. Our children law solicitors can advise you on sorting out residence and contact arrangements after a difficult separation or divorce and represent you in a child arrangement order application. For expert family law advice call our team or complete our online enquiry form.

When is a marriage a marriage? How do Sharia Law and Divorce work together? These are the questions that you may need to ask if you are considering separating from your husband or wife. Under English law, if a marriage is recognised as a legal marriage, a husband or wife can make financial claims against the other spouse’s assets. Whilst they might be able to make limited property claims as a cohabitee the financial claims that a spouse can make are wide sweeping. For expert family law advice call our team or complete our online enquiry form. The Nikah, Sharia Law and Divorce  Until a court decision a few years ago, if a Nikah ceremony was carried out in the UK the traditional Sharia law Nikah marriage wasn’t recognised in England and Wales as a legally valid marriage unless the couple also underwent a civil ceremony in a registry office. The second civil ceremony was classed as the legal marriage for official purposes. For most couples who celebrated a Nikah the thought that they were not considered legally married despite their traditional marriage ceremony, family celebration, and their recognition as a couple by family and friends, was repugnant. The law isn’t straightforward. If a couple celebrates a Nikah in a country that recognises Sharia law (and therefore the Nikah is a legally valid marriage in the country where the Nikah took place) the Nikah is recognised as a legally valid marriage in England and Wales. With the court ruling, a Nikah that takes place in England may be sufficient for a husband and wife to be classed as married even though they have not participated in a civil ceremony. Why is it important for a marriage to be legally valid in Sharia law and UK divorce law? If you are not legally married under English law then on separation you do not need to start divorce proceedings because under English law your relationship isn’t recognised as a marriage. Under the law, you are treated as if you were a cohabiting couple. That means that you can’t: Apply for spousal maintenance Apply for a share of your partner’s pension Apply for a share of your partner’s house unless you are a joint legal owner or have what is known as a beneficial interest in the property Apply for a share in your partner’s other assets such as shares in a family business if the shares are all held in his or her name As there is such a vast difference in how married and cohabiting couples are treated by the law on separation it is vital that couples know where they stand and whether their marriage is legally recognised or not. Divorce Court ruling on Sharia law divorce and marriage In a high court case, a Mrs Akhtar sought a divorce from her husband, Mr Khan. He opposed the divorce on the basis that they weren’t legally married having participated in a Nikah ceremony in a London restaurant conducted by an Imam with about 150 guests as witnesses to the celebration. The judge ruled that the marriage was void. This decision allowed Mrs Akhtar to bring the financial claims of a spouse, claims that she wouldn’t have been able to pursue if the court had ruled that the Nikah was a non-marriage. Does the legality of marriage ceremonies just affect those participating in Nikah weddings? Many people have been caught out, believing that they are legally married only to find out many years later that their ceremony isn’t a legally recognised marriage, for example, being married at a venue that doesn’t hold a licence to perform weddings and not subsequently participating in a civil ceremony. This can also affect couples who are married at a traditional Jewish ceremony or those participating in a Wicca marriage. [related_posts] Prenuptial agreements, marriage and divorce If a couple are wary of getting married in a legally valid ceremony of marriage because of the potential financial claims that arise from a legally valid marriage then the option of getting married with a prenuptial agreement in place might be the way forward. Prenuptial agreements are designed to stop or limit financial claims on divorce and can be a very sensible step if one or both parties to the marriage want to protect assets such as pre-owned property or shares in the family business. For expert family law advice call our team or complete our online enquiry form. Contact us for help with divorce and Sharia law.

After a child’s health and happiness, there is nothing more important to parents than their child’s education. Getting your child into the school of your choice can be more challenging when you are separated or divorced from the child’s other parent. For expert advice on children and family law call our team of specialist family lawyers or complete our online enquiry form. Parental disputes and schooling issues Children lawyer, Louise Halford, has helped many parents resolve where their child should be schooled, and sometimes just as importantly, who should pay the school fees. The sorts of parental disputes over education and schooling include disagreements on: Whether a child should be state or privately educated and if educated privately who should pay the fees Whether a child should be home educated by one parent Whether a child should attend a school with a religious affiliation The specific school, with issues over school catchment area and parent’s homes and the feasibility of mid-week contact visits if the school choice is some distance away combined with debates over the Ofsted rankings of potential schools Whether a child should board or be a day pupil Whether a child should have a SEND assessment and be mainstream educated or attend a specialist school to address health concerns such as a child being on the autistic spectrum or dyslexic whether a child should move to a new school, for example if a parent’s new partner’s children attend a different local state school or are being privately educated Who decides on the choice of school? Both parents have equal rights and responsibilities for their child if they share parental responsibility for their offspring. Parental Responsibility means parents have an equal say in the choice of school. If parents can’t reach an agreement after discussion or mediation then ultimately the court can decide and make a specific issue order identifying the school that the child should attend. The court decision is based on what the judge thinks is in the child’s best interests taking into account a range of statutory factors. That is why it is important that the judge knows your child’s personality and likes and dislikes as if your child is sporty and not academic that might influence the judge in deciding that a school with a focus on exam results might not be the best environment for them. When presenting an argument for a particular school pastoral care can be as important as a focus on sports or academic achievement. [related_posts] Who pays the school fees? Most parents’ fear on separation is that their child may not be able to go to the planned private school or may have to come out of private education and move into the state system. The Child Maintenance Service can’t order a parent to pay school fees as part of general child support but the court can make a school fees order to make one parent either pay or contribute towards private school fees and ‘extras’, such as uniforms, music lessons, or the annual school ski trip. The court looks at a range of factors when deciding whether or not to make a school fees order, including the affordability of private education. What next? The new school year, the graduation from nursery to primary school or from primary to secondary school may seem a long time away but all of a sudden choice of schooling will become a pressing issue. That is why separated or divorced parents need to start to talk early and do their research on suitable school options to hopefully reach an agreement on what type or specific school is in your child’s best interests. If an agreement can’t be reached then, after mediation, either parent could start court proceedings. The court will try to decide on children law applications as quickly as it can but inevitably court timetables aren’t as quick as parents ideally want. That means that it pays to think and talk early so the judge has time to make a decision on the choice of school or payment of school fees well in advance of the new school year. For expert advice on children and family law call our team of specialist family lawyers or complete our online enquiry form.

Every time you stand in a queue at the airport do you tense up, worried about whether you will be challenged by an official over your paperwork, luggage or children? It is a particular concern if your children’s surname is different to your own. For example, if your ex-partner registered the children using her surname or if you reverted to using your maiden name after your divorce. In this article, our family law solicitors look at the issues that can arise when travelling with your children if their surname is different to yours.          For expert family law advice call our team of specialist family lawyers or complete our online enquiry form. Why do issues arise when travelling with children whose surnames are different to yours? You may think that an official is just being difficult but border officials, passport control, and airport and ferry staff are all trained to look out for children travelling with adults who do not share the surname of the children they are accompanying. It is a red flag for potential child abduction or child trafficking – although all you want to do is take your children to Spain for a much-earned break. It is easy to get angry when you are questioned about your children, especially when you are already stressed out by airport delays or if your toddler is having a tantrum. When your child looks like the spitting image of you then it is hard to bite back on a cutting reply and easy to get into an argument that can unravel into your family not being able to travel. As family law solicitors working with parents worried about potential child abduction and trying to recover abducted children from abroad, the careful approach taken by some UK and overseas border officials and travel staff is in many ways very welcome. However, family solicitors do share the frustration experienced by some UK families about the lack of consistent international rules on the paperwork needed to travel with a child either as a family, a single parent, a relative or a nanny. The difference in regulations between countries can catch out the unwary parent and ruin a planned trip. It isn’t just single, separated or divorced parents who need to be careful. If you are a grandparent, whose surname is different to that of your grandchild, and you are taking your child abroad on holiday then you may encounter the same issues. [related_posts] A cautionary tale For those who question if travelling with a child is an issue our family law solicitor, Louise Halford, has first-hand experience of the difficulties. She tried to help a dad take his daughter on holiday to South Africa. He had arrived at the airport check-in desk without appreciating that as he was flying to South Africa on his own with his daughter, he would need a legal affidavit as well as extra paperwork. She happened to be at the next check-in desk and offered to help with the legal document and his wife rushed down with extra paperwork to try and make sure that her daughter could go on the planned trip. Sadly, all their efforts didn’t work out as the family only had their daughter’s short-style birth certificate. If an affidavit is needed so a child can go abroad with a parent then there must be enough time for all the paperwork to be obtained before the affidavit is sworn. What paperwork is needed if you are travelling overseas and your children have a different surname? The exact documents you need depend on the country you are travelling to. Whilst you may not be challenged to produce additional documents in the UK you may be asked for additional paperwork when you are trying to enter another country or leave it to return to the UK. As a general rule, to safeguard yourself and in case of officials not taking your word about your relationship with your children, it is best to take birth certificates for yourself and the children, copies of any change of name deed and marriage certificate (for example, if you reverted to your maiden name after your divorce) and evidence that the child’s other parent agrees to the trip. If you couldn’t get the other parent’s written consent, and instead had to apply to the court to obtain a holiday order, then take the order with you. If the court has awarded you a child arrangement order it is sensible to take a copy of that order as well. Do I need the other parent’s consent to take the children out of the UK? If you are not travelling with your child’s other parent, you may need their written consent or a court order to legally take your child abroad. Whether you need the other parent’s written agreement depends on if your child lives with you and if you have a child arrangement order that says you are the parent with care. If so, you don’t need written consent or a holiday court order provided your overseas holiday is for 28 days or less. If you fall in the category of the child arrangement order covering your trip it is sensible to take the order with you. If you aren’t sure if your child arrangement order says your child lives with you ( the wording on court orders can be rather confusing) speak to a family law solicitor about whether you need written consent or a holiday order. If you don’t have a child arrangement order, or the order just sets out the contact arrangements with your child, then you need written agreement from the other parent (or anyone else with parental responsibility) or a holiday court order. From a family law solicitor’s perspective, parents should be prepared to answer questions when travelling overseas with their children, especially when the children have a different surname to you, and should check the: The paperwork you need to take with you and The rules in the country you are travelling to and the documents you may need there For expert family law advice call our team of specialist family lawyers or complete our online enquiry form.

When you are a separated or divorced parent it can be hard to reach an agreement over aspects of your child’s parenting. The importance of a child’s education can be a trigger point for family law disputes with each parent holding equally strong views about the schooling and education choices that are best for their child. In this article, children law solicitor Louise Halford helps parents understand their options when there is a family law dispute over schooling. For expert family and children law advice call our team of specialist divorce lawyers or complete our online enquiry form. School-related family law disputes Parents can get involved in a range of school-related children and family law disputes including: Whether a child should be privately educated or state educated The choice of private school – with disputes over whether a child should board or be a day pupil or the location of the school or its specialism in academic achievements or sports The decision to home school Entering a child for grammar school exams Whether to request a special educational needs assessment or not The decision to request a child attends a mainstream school or a specialist school Attendance of both parents at school sports days or plays or other events The release of information, such as school reports or attendance records, by the school to the parent who does not have daily care of the child Contact arrangements and collection from or return to school One parent taking the child on holiday during term time Parental disagreement over use of school disciplines, such as school detention, suspension, or exclusion Resolving school-related parent disputes It is best to resolve school-related parent disputes as quickly as possible. Ways to achieve that include: Solicitor negotiations Roundtable meeting Family mediation If you cannot reach an agreement then either you or your ex-husband or wife can apply to the court for the court to decide on the issue in dispute. This is called an application for a specific issue order. Alternatively, you may need to apply for or respond to an application for a prohibited steps order or child arrangement order. During any children law proceedings, you will be encouraged to reach a resolution so you do not have to ask a judge to determine the school-related dispute at a contested final hearing. [related_posts] Court proceedings to determine school-related parental disputes Whatever type of school-related parental dispute a judge is being asked to adjudicate on, the court must look at a range of factors, known as the ‘welfare checklist’ when making a decision. The key point is that the court must make a decision based on what it thinks is in the child’s best interests. For example, you may want your child to be privately educated and you may have selected and reserved a place at the best private prep school with an excellent academic record. Your ex-spouse may believe that your child is too young to board or that your child is not sufficiently academic to thrive in your chosen prep school. You may attribute their objections to selfishness on their part or a desire to thwart your long-held ambitions for your son or daughter. A court will consider your child’s wishes and feelings after considering their age and level of understanding as well as their personality and both parents’ arguments.  The fact that a child does not want to go to a new school does not mean that the court will not make a specific issue order as the court will look at what is in the child’s overall best interests. The likelihood of succeeding in an application for a specific issue order in part depends on the homework you and your family lawyer do in preparation for the court case. For example, if there is a dispute over the choice of school, checking Ofsted reports can be helpful. If there is a dispute over whether home-schooling is in a child’s best interests a detailed statement covering why a parent is so committed to home education, their research on available local resources and support groups, the child’s experiences in previous schools, and how the parent can cover a range of lessons, and ensure the child also enjoys activities with friends of their own age such as drama and sport, can be very persuasive. For expert family and children law advice call our team of specialist divorce lawyers or complete our online enquiry form.

Many parents who are thinking about a separation or divorce want to make a fresh start overseas with their child. In this article, specialist family law solicitor Louise Halford shares her experience in helping parents apply to move abroad with their children and advising parents on how best to oppose child relocation applications. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form. Moving overseas with a child after separation or divorce Evolve Family Law has seen an increase in inquiries from parents about moving out of the UK with their children. The inquiries are not just from parents currently based in Cheshire and the North West of England, but from across the UK. The increase in children law inquiries is down to the following trends: The world becoming a smaller place with people meeting and marrying partners from other countries The number of overseas families who came to the UK on work visas and dependant visas and who settle in the UK by securing indefinite leave to remain or British citizenship but, after a separation or divorce, one parent wants to return to their country of origin Emigrating for work as opportunities for working abroad increase International parenting after separation or divorce It is said that being a parent is one of the hardest jobs in the world. That is particularly true for any parent who is involved in ‘international parenting’ as a result of one parent moving abroad with the child. Most parents find it hard enough to let their child go off for the weekend with their ex-partner, let alone accept that their child should get on a plane to another country to see their mum or dad. Prior to committing emotionally or financially to an overseas move, many parents don’t fully appreciate that if they are successful in relocating abroad with their child that the family court will often order that the child should spend long chunks of time during holidays with the parent who is not moving abroad and who will be missing their weekend contact. It is often said that there are ‘no winners, only losers’ when one parent moves to another country with their child, whether that be back to a parent’s country of origin or as a result of a new job or relationship. However, with communication and imaginative contact arrangements, even airport handovers, can work. If it is a relocation to Spain then the flight from Manchester or Liverpool airport and the child’s handover may be a lot easier than navigating a motorway trip from Cheshire to Cornwall or Guildford. [related_posts] The law on international child relocation Some parents are well-researched on the law on child relocation but for others, it is a whole new arena. The basic principle is that if a child is habitually resident in the UK the child can’t move abroad with either parent unless the other parent agrees to the move or the family court makes an order granting permission to relocate. The law on child relocation and moving abroad with your child can be hard for a parent to get to grips with. If, for example, both parents originate from the US but currently live in the UK with their children this may mean that their children are classed as habitually resident in the UK. Therefore, although all the family members are American citizens, if one parent wants to return ‘home’ to the US with the children, permission still has to be obtained from an English court.  Without specialist legal advice on child relocation law, many parents don’t realise the implications of booking their flight home. The legal and personal costs of not knowing the law on international parenting can have a devastating impact on a parent and their chances of successfully getting a court order to let them take their child abroad or a child arrangement order. Contact arrangements if a child moves overseas As part of one parent agreeing to give permission, or the court making an order allowing the other parent to relocate, the contact arrangements should be recorded. If a court order to relocate is made the court will normally also make a child arrangements order setting out how often the child should see the other parent. The court order can include written contact, Skype, and face-to-face contact. An agreement should be reached and recorded on specific details such as The agreed travel arrangements Who, if anyone, will accompany the child Who should pay for the costs of flights Extended family and grandparent’s ability to travel, time differences with Skype, the child’s ‘best friend’, and key dates such as Thanksgiving and grandad’s 80th birthday should not be forgotten. ‘Small’ details such as these can impact on whether arrangements work for a child. Compromise is also a key factor as if grandparents can’t make a long-haul flight to Australia for Christmas could both parents split the travel and meet in Dubai? It is often those small points that make all the difference in whether international parenting will work for a family or not. Legal advice on child relocation overseas It is always tough to answer a query on whether a mum or dad will get permission to move abroad. That is not just because the law on this subject is so complex but also down to international parenting being one of the hardest things for any parent to contemplate, and therefore for their family law solicitor, to guide a parent through. Invariably a parent is already emotionally, if not financially, committed to their move abroad before they take the step of getting advice and so it is always worth getting an assessment of your family situation and your options before you commit to a move. For expert Divorce and Children Law advice call our team of specialist divorce lawyers or complete our online enquiry form.