International Children’s Law and Child Abduction Solicitors London
Our world is more open than ever. While this leads to exciting opportunities for families in terms of travel and careers, if the relationship breaks down, complications, bitterness, and heartache can swiftly occur. For example, take a couple living in London. The husband is British and the wife Canadian. She moves to the UK to be with him. They marry and have two children. Problems fester over the years, and they decide to separate. She wants to return to Canada with the children where she will have the support of her family and friends. Suddenly her world is thrown into chaos as she discovers she cannot do this without her husband’s express written consent. If the father’s consent is not given, then mother cannot leave without the court’s permission.
The father of the child lives in daily fear the children will be taken to Canada behind his back. Whilst the mother feels resentful against the father for preventing her moving on with her life. Inevitably tensions grow between the parents and these tense emotions are felt by children causing them additional anxiety and stress and possible behavioural changes. The stress and animosity of such a situation is devastating to both parents and children psychologically, and physically.
Contact our International Children’s Law and Child Abduction Solicitors in London
The right solicitor changes everything. Anglo Law Solicitors provides expert legal advice on International Children’s Law and Child Abduction.
Speak directly to a family solicitor now on 020 3741 9583 or complete our online contact form for your free consultation. For evening and weekend assistance, please call our family law solicitors on 07749 448362.
Anglo law solicitors serve client across the following areas:
The City of London, Westminster, Kensington & Chelsea, Southwark, Bishopsgate, Billingsgate, Canary Wharf, Spitalfields, Aldgate, Bethnal Green, Whitechapel, Tower Hamlets, Redbridge, Kent, Tunbridge Wells, West Malling, Chafford Hundred, Chelmsford, Brentwood, Epping & Loughton
Our family law team, led by Shabana Sultana, who has many years of experience in resolving and settling children’s issues. Shabana will expertly guide you through this highly technical area of law involving an international dimension. Whatever action needs to be taken, we will move fast to get it done. We give realistic and practical legal advice on international relocation and explain carefully and patiently the complex process involved with emigrating abroad with the children.
How does the Court work out which country an international children’s matter will be heard?
In international children’s matters jurisdiction is governed by the Family Law Act 1986 (FLA 1986). The FLA 1986 has incorporated the rules contained in the Brussels II Revised and the 1996 Hague Convention. However, there are some cases where a child is not habitually resident in either the European Union (therefore covered by Brussels II Revised, with the exception of Denmark) or the 1996 Hague Convention. However, if matrimonial proceedings are being conducted in England and Wales (such as divorce or legal separation ), English courts may have jurisdiction.
Jurisdictional issues can be extremely complex which is why it is vital to seek legal advice as soon as possible if a dispute develops. Not only do our family law team have a deep understanding of both domestic and international children’s law, we know how the courts operate when it comes to making jurisdictional rulings. Shabana and her team are well-known for taking on complicated international cases, and they will work with determination and precision to protect the interests of you and your child.
Can you help me if I suspect my ex-partner plans to abduct my child?
If you suspect your child may be abducted by their other parent then you must act fast, especially if there is a possibility your child will be taken to a country which has not ratified the 1996 Hague Convention. Our solicitors can swiftly take steps to protect your child, including obtaining a Court Order to prevent them from being taken overseas, having their passport surrendered or taking steps to ensure one is not issued, and issuing a Port Alert.
What does the 1996 Hague Convention do?
The 1996 Hague Convention is an international convention between 80 countries including the United Kingdom, USA, Australia, New Zealand, Several African states including South Africa, and most European States. When it comes to child abduction, its main purpose is to have the child in question returned to the state which there are habitually resident. When making the decision, the court is not concerned with the merits of the case or previous court proceedings; the only question for them is whether the child should be returned.
Are there any defences to the 1996 Hague Convention?
An application for a child’s return under the 1996 Hague Convention may be refused on the grounds:
- Consent to take the child abroad was granted
- There is a grave risk that returning the child would expose them to physical or psychological harm or place them in an intolerable situation
- The child does not want to be returned and they are of an age and maturity where it is appropriate to take their views into account
Our team has the experience and aptitude to build a robust defence for the return of a child under the 1996 Hague Convention. To ensure a persuasive argument, we will instruct one of the many top family law barristers we have built a successful relationship with over the years.
What if my child is abducted to a country not party to the Hague Convention?
If your child has been taken to a country which is not a signatory to the 1996 Hague Convention, you need to instruct a family law solicitor who not only has the experience of dealing with child abduction situations, but the diplomacy skills to negotiate with officials who may be hostile to British interests.
We speak fluent Urdu, Hindi, and Punjabi in our office and have access to interpreters who can assist us in all other languages. We understand different cultures and legal systems, including Sharia law and certain tribal law models. But most importantly, we are smart and dynamic in our approach to helping ensure your child’s return, taking advantage of all local contacts and government and diplomatic avenues.
The first consultation will always be free and we can consider at any court papers you have been served. During this no obligation consultation we will give you the exact fixed fee price for any legal work you may instruct us to do on your behalf.
Please call our office on 020 3871 8443 to make an appointment with Shabana or one of her team to receive legal advice and representation on international children and child abduction matters.