Stephens Scown are international children law experts and can advise in relation to a wide range of children law issues following the breakdown of a relationship. We understand how difficult matters can be, particularly where your children are involved.
International Children Solicitors
We review the options for resolving your dispute to find the best one for your circumstances. We are experts in supporting clients through a range of Non-Court Dispute Resolution options, where we resolve issues away from the family courts, whether that be via mediation, arbitration or collaborative family law. We regularly support clients through court proceedings where swift and robust action is required to protect yours and your children’s positions.
Our expert international children law solicitors can advise on a wide range of issues, including:
Living and contact arrangements for children
When parents separate, it is important to agree living arrangements for the children in line with their best interests. Where parents will be living in different countries, agreeing where the children should live, arrangements for holidays (at home and abroad), and when, how and who should pay for them to have contact with the other parent, can be difficult to agree. We can advise and assist you with putting appropriate arrangements in place, and dealing with any specific issues which may arise, such as where a child should go to school, and recording those arrangements, whether in writing, by way of a parenting plan, or a court order.
Jurisdiction
We have the expertise to advise you as to where proceedings in relation to child arrangements should take place and the law which should govern any dispute. We liaise with the appropriate children law experts overseas as required.
Child abduction
Where one parent has taken a child without the other parent’s permission, and without a court order, and may abscond overseas, it is likely they will be seen to have abducted that child. Child abduction is a criminal offence. We can assist you in obtaining orders to locate the child and preventing them from leaving the country if possible, including by way of a “port alert”, and instigating proceedings to return the child to England and Wales. We work with appropriate overseas experts as necessary.
International relocation
Following the breakdown of a relationship, one party may wish to move overseas, or return to their home country with a child. If the parents do not agree where the child should live, the parent will need permission of the court to relocate (also known as “leave to remove”). We can advise on the wide-ranging issues the court will take into account when considering whether the move is in the child’s best interests, including the impact on the parent who will remain in England and Wales.
Adoption
Specialist family law and immigration advice is essential when considering adopting from overseas. Advice from expert international adoption solicitors should be taken at the earliest possible stage about the appropriate assessment and approval process. Our Family team work closely with our specialist Immigration team to provide a comprehensive service to assist with International adoption.
Assisted conception
Some couples may choose a fertility clinic abroad to assist with their conception. The legal process can be different regarding who the legal parents are if the conception has taken place abroad. Our expert international children solicitors can advise in these situations.
Frequently asked questions:
What are “child arrangements”?
Child arrangements deal with who a child is to live with when parents have separated, and when they will spend time with the other parent. There is considerable detail to consider, and any decisions must be made with the children’s best interests in mind.
My situation is complicated – can you help?
Our expert team of international children law solicitors are highly experienced in dealing with complex and difficult cases on a day-to-day basis. We have significant expertise and experience in assisting with international children law matters. We will listen to your story and aims and work with you to achieve the best possible outcome.
Can you help if my partner has taken my child without my consent?
Yes, we can assist you if your child has been abducted or you fear they may be abducted overseas. We can help you to locate the child, prevent them from leaving the country, and return the child where possible to England and Wales via the appropriate court applications and protective measures. We have an international network of foreign lawyers to assist us in overseas jurisdictions to achieve your desired outcomes.
Do you deal with custody arrangements?
Yes, custody and access are outdated terms but mean decisions about which parent a child will live with and when they will spend time with the other parent following a separation. As referred to above, this is now called child arrangements. We regularly advise international families about how child arrangements might work post separation, particularly where parents are living in different countries.
Is it possible to mediate if my case involves multiple countries?
Yes it is possible to participate in international family mediation or other Non-Court Dispute Resolution (NCDR) methods to resolve disputes that involve more than one country so long as both parties agree to use the process. As with mediation generally, the parties select a neutral third party to be their mediator who facilitates constructive discussions with the aim of reaching an agreement. Parties can be assisted in their mediation sessions by lawyers from any relevant jurisdictions. It is possible to deal with multiple issues within one mediation, so the process can be time and cost effective, although it is important to note that any outcome is not binding without the agreement being confirmed in a court order.