International Child Law
At Walker Family Law, we provide tailored guidance on international child matters, including disputes that cross borders, relocation issues, child abduction, and concerns involving jurisdiction. Our team supports parents, extended family members, guardians and others with a close connection to the child. We work carefully through the added complexities that come with international cases, offering clear advice and practical strategies to secure safe, fair and reliable arrangements for the children involved.
International Child Law Solicitors
Cross-border child arrangements can be especially complex, often adding an additional layer of stress during a separation or international move.
Our specialist team will guide you through each step with clear, grounded advice so you understand your options and feel confident in your decisions.
International disputes involving children can place parents, relatives and courts in difficult positions, especially when navigating different legal systems. We’re here to help you manage those challenges with careful attention and steady support.
While the focus is on your child’s wellbeing, your needs matter too. Our team listens, understands and approaches every case with professionalism and compassion, tailoring our support to the circumstances you face.
Internal relocation: Where one parent wants to relocate to another part of the UK, in a way which would involve significant changes for the child/children such as a change of school and/or a change in contact arrangements.
International relocation: Where one parent wants to relocate abroad to another country.
International child contact: Where one parent lives abroad and contact may involve the child/children travelling to another country to see their parent.
International child abduction: Where one parent removes a child/children unlawfully from the jurisdiction, or otherwise retains a child abroad without the necessary consents.
Habitual Residence: A child’s “home” country for legal purposes. Courts use this to decide which country has authority to make decisions about the child.
Jurisdiction: The legal power of a particular country’s court to make decisions about a child. In international cases, deciding which court has jurisdiction is often the first step.
1980 Hague Convention on the Civil Aspects of International Child Abduction: An international treaty designed to secure the prompt return of children who have been wrongfully removed to, or retained in, another member country
1996 Hague Convention on Jurisdiction, Applicable Law, Recognition, Enforcement and Co-operation in Respect of Parental Responsibility and Measures for the Protection of Children: An international treaty designed, among other things, to facilitate recognition and enforcement of orders between member states.
Why Choose Walker Family Law
Our International Child Law Solicitors can guide you through the process with understanding, care and reassurance, secure in the knowledge that our experience and expertise manage the sensitivity and emotions surrounding these situations. We are always mindful of the children’s best interests. Our International Child Law Solicitors assist families in resolving issues, aiming to do so without the need for court intervention whenever possible. If Court proceedings are necessary however, we will advise you fully throughout and ensure effective representation at any hearing.
Our admission on the International Child Abduction and Contact Unit (ICACU) accredited solicitors’ referral list demonstrates our expertise in representing parents in international child abduction and contact cases. Our senior International Child Law Solicitors are accredited, and all junior solicitors are also expected to obtain accreditation as soon as is practicable.
Our International Child Law Solicitors are trusted professionals and Resolution members who are committed to promoting a constructive approach to family issues that considers the needs of the whole family. They will be honest with you, treat you with respect and without judgement. They will explain all the options and give you the confidence to make the right decisions which includes understanding and managing the financial and emotional consequences of any decisions you make. They will help you focus on what is important in the long-term and assist you in balancing the financial and emotional costs alongside what you want to achieve as a final outcome. They collaborate with others to find the right approach and best solutions for you, managing stress in an already challenging situation with a cool, calm, and collected demeanour. They seek to reduce any conflict and confrontation and act with honesty, integrity, and objectivity. Our International Child Law Solicitors continually develop their knowledge and skills through ongoing training and are dedicated to continuous learning.
We provide support to litigants in person (individuals representing themselves in court) and vulnerable clients, including victims of domestic abuse, individuals with learning difficulties or disabilities, and those facing mental health challenges.
We can assist in assessing whether you would be eligible for legal aid. If you are eligible an application will be made on your behalf.
Legal aid
Legal aid may be available to help you obtain representation in your children case. Our team is here to answer your questions and provide guidance on your options for legal support.
FAQs
What is child abduction?
International Child abduction in the UK happens when a child is taken, detained, or removed without the legal consent of parents. It can also occur when a legally binding court order is ignored. This includes taking a child abroad without permission or keeping them beyond an agreed time in the case of shared custody. Parents can commit child abduction in this case and it is a criminal offence to do so. International child abduction happens when a child is removed from their home country, or otherwise retained away from their home country (for example after a holiday), without the necessary consent of all persons who hold parental responsibility (i.e. usually both parents). Most child abductions are therefore committed by one parent who acts without the knowledge or consent of the other parent. Depending on which countries are involved, there are international laws and treaties which regulate how international child abduction cases are handled, and these are dealt with in the High Court Family Division, but child abduction is also a criminal offence which can be prosecuted in the criminal court.
My child lives in a different country to me and I want to have contact with them. What can I do?
If you live in a different country to your child you can ask for help in setting up a contact arrangement. Mediation is available for parents who wish to try and avoid using the courts, and this includes cross-border cases. If mediation is not possible, and court proceedings are necessary then those proceedings will need to take place in the country in which your child is habitually resident, and will be governed by the relevant laws and legal process of that country. If your child is in the UK and you live in a country which is a signatory to the 1980 Hague Convention, then you would be eligible for legal aid as an applicant in an application under Article 21 of the 1980 Hague Convention to secure your “rights of access”.
My child has been taken out of the country and not brought back. What can I do?
These cases require specialist and urgent action. Depending on which countries are involved, you may be able to invoke the 1980 Hague Convention on International Child Abduction to seek the summary return of your child. You can initiate this process by making a referral to the International Child Abduction and Contact Unit (ICACU). This would trigger a process which would lead in your case being allocated to a lawyer in the country were your child has been taken, who would then be able to assist you in making the necessary application. If your child has been taken to a country which is not a signatory to the 1980 Hague Convention, then you can get court orders from the UK courts and use them to ask the court of the country your child is currently in to ask for their return. These cases are highly specialist, so you should seek urgent advice from an accredited lawyer with expertise in this field.
I may have abducted my child. What can I do?
Parents might move their children from one country to another for a wide range of reasons. If you have brought your child to the UK from another country without the consent of their other parent, or the permission of court in the country you moved from, then this could be deemed to be a child abduction, according to international laws. Many parents who abduct their child have no idea that they have done anything wrong until they are served with court papers or the police arrive at their door. There are some limited defences which are available to try and oppose a forced return back to the originating country. Again, this is a highly specialised area of family law, and you shold seek advice from an accredited lawyer with expertise in this field, in order to identify if any of the available defences apply to your situation.
I am worried that my child might be abducted by their other parent. What can I do?
It is always best to prevent an abduction in the first place, rather than trying to remedy an abduction that has already happened. There is a really comprehensive and helpful handbook on tips to prevent a child abduction, available on the Reunite website: https://www.reunite.org/prevention-of-abduction/
Our specialist team can assist you with taking any legal actions if necessary.
