Relocating from the US to the UK With Your Children

Posted onOctober 19, 2023

Are you planning to come to live in the UK from your home country of the US? If you are a separated or divorced parent the likelihood is that you want to bring your children with you.

The specialist family law and Immigration lawyers at London-based OTS Solicitors can look at your family law and visa needs to help make your move from the US to the UK as smooth as possible.

Online and London Family Law and Immigration Solicitors

For family law and immigration legal advice call the expert London lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

Separated or divorced US parent and moving to the UK

If you are a separated or divorced parent who is relocating from the US to the UK then you will need some US and some UK family law advice. That is the case whether you are or you are not planning to bring your children with you. Even if your young children will be staying in the US with their other parent you will still need legal advice on:

Contact orders from the States and mirror orders in the UK so you can get to see your children
Entry clearance issues and visitor visas for children visiting the UK to see their parents

If you are planning to relocate to the UK with your children you will need legal advice on:

Getting permission from the relevant State for the children to leave their jurisdiction. You will need legal advice from a US attorney on state law and UK family law advice on UK mirror orders
Whether your children will qualify for Dependant visas and the eligibility criteria

UK family lawyers stress that you should not leave the US with your children until you have checked out the permissions and orders required. If you do not do so then you could be accused of parental child abduction. The UK court could be asked to make a return order requiring your children to return to the US for the courts in the US to decide whether the children should remain in the US or return to the UK.

Our specialist family law solicitors work closely with US attorneys and can help you and your US attorney find solutions that work for your family.

US families and UK family law

If you are a US citizen living in the UK on a visa, you may think that UK family law is not relevant to you as you and your family all retain US citizenship. Logically you may assume that the States retains jurisdiction for your children if there is a parental dispute over whether the children should remain in the UK or not. For example, if you separate or if your husband or wife does not like living in the UK and wants to return home with the children but you oppose the children leaving the UK.

That assumption about US jurisdiction is not necessarily correct. If your family is habitually resident in the UK then the English court may have jurisdiction to make a child arrangement order and you could be accused of parental child abduction if you leave the UK to return to the States without the other parent’s agreement or an English court order.

Expert help from specialist family and immigration solicitors

Our team of specialists at OTS Solicitors knows all about international family law and has the experience and expertise to help you or your US attorney with your UK family law queries if you are currently in the States or to assist you with queries and court applications if you are living in the UK. As we have a highly regarded immigration team, we can also help with all your US to UK immigration law and visa needs.

Online and London Family Law and Immigration Solicitors

For family law and immigration legal advice call the expert London lawyers at OTS Solicitors on 0203 959 9123 or complete our online enquiry form.

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