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Removal of children overseas

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Cases where one party wants to live abroad following separation or divorce and take a child or children with them can be some of the most emotive cases before the Court.   Applications are often made by a mother who has overseas connections, wanting to return to a country that she thinks of as “home” following separation or divorce, or by one party who wants a “fresh start” in another country to relocate for a new job or a better way of life.

Reported cases have come fairly hot off the press in relation to this area of the law in recent years.  Countries each have different legislation relating to relocation cases, and apply a different set of principles.  Statutory reform in some countries overseas emphasizes the importance of “co-parenting” and “shared residence” which are concepts significantly challenged by the prospect of removing a child or children overseas.  There has been no such statutory reform in England and Wales.

These cases can prove expensive in terms of legal fees, and costs can run high within a short period of time.  At Divorce-Rights.co.uk we can provide you with the right advice, to ensure that any application to the Court you may need to make, stands the best chance of success.  It is important that you know what the guidelines are that would be applied by the Court if your husband or wife won’t agree to you removing your children overseas, and that you ensure that you can demonstrate from your individual circumstances that you can satisfy each test.”