We have many clients who find themselves having to deal with separation, not just in this country, but involving other countries too. For example, one parent remains in the UK and the other wishes to relocate to country of origin with the children. Another example is where one parent stays in this country with the children and other parent moves abroad. Or a parent got divorced a few years ago and has now been offered work overseas. These are called cases of relocation.
Cases of relocation have more aspects to think about than when both parents remain in this country, simply because of the distance between one parent and the children. You might find yourself in a situation where your former partner does not agree to your move to a different country with the children. Then you must think whether the objection is valid and reasonable.
Will it be necessary to go to court? Often the answer will be yes, since the law says that without consent of both parents a child cannot be taken out of their place of everyday living. In such case it’s essential to get the advice of a solicitor on how to prepare the best case for court.
There are other questions that a solicitor will be able to help with. Will the law in the other country have to be looked at? That may well be necessary and there are different legal considerations according to which country. One specific question is what happens if the other parent took, or I suspect is about to take our child out of the country without my permission? This could create a situation of abduction and you must go to see a solicitor as a matter of urgency. Please see more about this below.
An experienced solicitor can help you with assessing your situation. We can advise you how any difficulty can be overcome and avoid mistakes in building your case, since we have many years of experience dealing with cases like these. Because of her background overseas, Shlomit Glaser understands the international aspects of everyday life.
For help in relation to your specific situation don’t hesitate to call:
Shlomit Glaser 02079937173
Abduction – What you need to know.
What is abduction?
Abduction is where a parent takes a child outside of the UK without the permission of the other parent or a court order, or that they took the child abroad with permission and have remained there without agreement.
What should I do if my child has been abducted by the other parent or is about to be?
If you find yourself in a situation where that has already happened and you suspect your child has already left the country, you might have to open proceedings according to the Hague Convention (if your child was taken to a country which is a party to it). You will need to talk to the authorities in this country, and they will contact the equivalent in the country to which your child was taken. You can be represented by a legal aid solicitor who will be offered to you. However, you can choose your own solicitor who specialises in cases like these. It may seem a waste of money to pay when legal aid is offered, but a private firm has more time to deal with your case often and you will receive a more personal service.
If you suspect that the other parent plans to take your child abroad but has not done that yet, you need to think about how soon it might happen. Will it be within 48 hours or a few days, or weeks?
If you think that it could happen within 48 hours you should inform the police and consult a solicitor.
If you think it’s a matter of days, or weeks, it can be that police action can be avoided and the court will give you a better and more permanent solution. Again, a solicitor will be able to advise you on the best course to take.
It is possible to go to court for emergency orders which will make it much more difficult for the other parent to take your child and give the police more powers to act.
We at Glaser Jones Law can help by assessing your situation and letting you know what the right steps should be in your case.
The most important thing is to act fast.
A tip: if you suspect the other parent has in mind to take your child abroad without your agreement, find your child’s passport if you can and keep it in a safe place.
For immediate assistance
Shlomit Glaser 07875337350
