Family Visas and International Parenting after Separation
It can be hard to reach an agreement on the parenting arrangements for your children after a separation or divorce. It is harder still if you and your co-parent are from different countries and one of you is living in the UK on a Family Visa or Spouse Visa.
In this article, our Family Law Solicitors examine the tricky issues that parents need to address when international families separate.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
What counts as an international family?
You may be part of an international family without realising it. Some think that only the super wealthy, influencers with homes in Dubai, or film and popstars have international families but that is far from the truth. You do not need to be a jet setter or have more than one home or employ a nanny to be part of an international family.
Anyone in a family with a connection to more than one country is part of an international family.
Examples include:
- You are in the UK on a Dependant Visa and your partner is in the UK on a Skilled Worker Visa
- You are married to a British citizen and you are in the UK on a Spouse Visa
- You are in a relationship and your partner is in the UK on an Unmarried Partner Visa
- You have Indefinite Leave to Remain in the UK but maintain strong ties with your home country and have extended family overseas
- Your husband or wife has taken British citizenship or dual citizenship but has a holiday home in their country of origin and spends significant periods out of the UK
It is hard to give every example of an international family as there are so many possibilities. Family Law Solicitors say that no one should make assumptions and that it is best to talk to a Family Lawyer about the complexities of international parenting before you make any major decisions on splitting up, taking your child overseas or deciding that your child will stay in the UK.
What is parental child abduction?
Parental child abduction is not confined to international families. However, international parental child abduction is more likely where one parent has an international connection.
Child abduction is a very emotive phrase and topic. However, many parents do not realise that what they are thinking of doing is classed as child abduction. That is why it is so important to take specialist family law legal advice if you are part of an international family.
Parental child abduction is defined as a parent taking a child from the other parent when they do not have the right to do so. For example, if one parent has a child arrangement order that says they are the main carer and the other parent takes the child away from the child’s home and school.
International parental child abduction involves a parent taking their child overseas without the permission of the other parent or the permission of the English family court.
Some parents with international connections do not think that what they have done (or are planning to do) is international child abduction because either they or their child is not a British citizen. The law is not as straightforward as that.
A parent can be guilty of parental child abduction even if neither they nor their child is British.
The key to whether you need permission from your co-parent, or alternatively an order of the English family court, to take your child overseas to live is whether your child is habitually resident in England and Wales. Habitual residence is a different legal concept to your nationality or country of domicile.
Defining habitual residence
The best and simplest way to define habitual residence is where you or your child normally live.
Habitual residence is not based on immigration or visa status. You could be in the UK on a Spouse Visa or Unmarried Partner Visa but still be habitually resident in England whilst subject to immigration controls.
If neither you nor your partner are British citizens and both of you are in the UK on Work Visas, Business Visas or one of you is in the UK on a Dependant Visa, you and your child could still be habitually resident in the UK. For example, if your home is in the UK (even if you do not own it) and your child is registered at nursery or school.
If you are in any doubt about habitual residence, it is best to ask a Family Law Solicitor to look at your specific circumstances and to advise you. If you make assumptions, and get your child’s habitual residence status wrong, the English family court could order that your child is returned to England so the English court can decide the country where your child should live after your separation or divorce.
The law may seem wrong to you or just plain stupid. However, you do not want to end up on the wrong side of the law accused of parental international child abduction.
Family Visa worries and international parenting after divorce
Many of the parents we speak to who are planning to leave the UK with their child (or have already done so) have decided to leave because of Family Visa concerns or worry about how they will manage in the UK after their separation or divorce. For example, they may think they need the support of extended family in their home country or that any financial settlement won't be enough to rehouse them in the UK.
At OTS Solicitors our Immigration Lawyers and Family Law Solicitors work together to address Family Visa worries after a separation or divorce.
If you want to stay in the UK with your child after your separation or divorce you may have options to do so.
For example:
- Applying for early settlement or Indefinite Leave to Remain using the domestic violence concession if your relationship with your partner ended because of their domestic abuse towards you or your child
- Switching to a different type of visa where your ability to stay in the UK is not based on your having an ongoing relationship with your ex-partner
- Applying to stay in the UK because of your child’s status
- Obtaining a divorce financial settlement that allows you to stay in the UK as you can afford to stay in England
- Applying for a child arrangement order that settles which parent your child should live with in England and the contact arrangements with the other parent
If you do not want to stay in the UK and want to move or return overseas with your child then you can do so if your child is habitually resident in England provided you follow the right route. If you follow the law, you cannot be accused of parental child abduction and your child cannot be made the subject of a return order.
Our Family Law Solicitors can help you negotiate with your co-parent to get an agreement to your taking your child overseas to live. If getting an agreement is impossible, we can help you secure an order to permit you to take your child overseas to live. The order may specify the contact arrangements between your child and their other parent through the making of a child arrangement order.
Child custody battles during a separation or divorce can be tough, especially when parents cannot agree on the country where their child should be brought up. Experienced Family Law Solicitors and Immigration Lawyers can help you work through your options and secure the orders you need.
Online and London Family Law Solicitors
For family law legal advice call the expert London family lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.
Our lawyers speak Arabic, Armenian, Farsi, French/Mauritian Creole, Spanish, Tamil Tagalog/Ilonggo, Urdu/Punjabi
Related Posts
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Do I Need an Immigration Lawyer or Family Solicitor?
Spouse Visas, Domestic Violence and Applying to Settle in the UK if Your Relationship Ends
FAQs on Separation and Divorce if you are in the UK on a Spouse Visa