International Family Law | Divorce, Children & Relocation

International family law affects parents who live or work in different countries after separation. When families become international, issues arise about divorce, child arrangements and relocating children abroad. Early legal advice protects stability and ensures the child’s welfare remains the priority.

What Is International Family Law?

International family law applies when a family situation involves more than one country. Examples include:

• One or both parents living abroad
• Children with dual nationality
• Divorce involving assets in different countries
• A parent wanting to relocate a child internationally

In simple terms, another country has legal relevance to your case.

Divorce When One Parent Lives Abroad

You may still be able to divorce in England and Wales even if one parent lives overseas. The key issue is jurisdiction, which means whether the courts here have the legal authority to deal with the divorce.

You may be able to issue divorce proceedings in England and Wales if:

• You or your spouse are domiciled here
• You or your spouse are habitually resident here
• Your family has a strong connection to England or Wales

Choosing the right country to divorce in can affect financial outcomes, timelines and costs. Specialist advice is essential in international cases.

What About Overseas Assets?

Assets located outside the UK can still be included in a financial settlement in England and Wales. This may involve international property, pensions, investments, shares or foreign bank accounts.

• Courts can order full disclosure of worldwide assets
• Overseas property can be included in a settlement
• Some financial orders can be enforced abroad

Advice from a lawyer in the relevant country may be needed for enforcement.

Children and International Relocation

A parent cannot move a child abroad without:

• The other parent’s agreement, or
• Permission from the Family Court

Taking a child abroad without consent may be considered child abduction, even if the parent believes the move is in the child’s best interests.

How Does the Court Decide Relocation Cases?

The court’s main concern is the child’s welfare. Key factors include:

• The child’s relationship with each parent
• The reasons for the proposed relocation
• The impact of the move on the child’s wellbeing and development
• Arrangements for maintaining the relationship with the other parent
• The safety and suitability of the proposed country

The focus is on what best supports the child rather than which parent prefers the move.

The Hague Convention on International Child Abduction

The Hague Convention provides a legal route to return a child who has been taken to another country without consent. It applies when:

• A child has been unlawfully removed to or kept in another Convention country
• A parent seeks the child’s return to their country of habitual residence

Not all countries are part of the Hague Convention, so urgent advice is essential in cases involving relocation or abduction concerns.

Maintaining Contact Across Borders

Where appropriate and safe, children should continue meaningful relationships with both parents. Cross-border arrangements may include:

• Planned in-person visits
• Longer time during school holidays
• Regular video or telephone contact
• Agreed travel arrangements and cost sharing

Arrangements should support the child’s routine and emotional wellbeing.

When to Seek Legal Advice

You should seek legal advice if:

• You are separating and one parent lives abroad
• You are considering relocating with your child
• Your co-parent has mentioned moving overseas
• You are concerned about potential abduction
• Your finances involve overseas assets

International cases move quickly, and early advice protects both your legal position and your child’s welfare.

Key Points to Remember

• International family law applies when more than one country may have jurisdiction
• Jurisdiction determines where divorce proceedings should take place
• Overseas assets can form part of a UK financial settlement
• A parent needs consent or a court order to relocate a child abroad
• The court prioritises the child’s safety, stability and welfare

Contact Prime Legal Solicitors

For specialist international family law advice in London, Manchester, Yorkshire, Lancashire and Rochdale, contact Prime Legal Solicitors. Call 0330 341 4757 or use our online enquiry form to book your consultation.