37 Raising issues Aſter a divorce, the international relocation of children
can quickly create a tangled web of legal complexity. It can be difficult to unwind, reports Livia Giannotti
Zoë Fleetwood Mills & Reeve
THE ABOLITION OF the non-dom regime and the spectre of inheritance tax have jolted thousands of the UK’s wealthiest émigrés to act. In short order, many of them have leſt in a hurry, oſten heading to Italy, the UAE or another jurisdiction with a tax regime more favourable to globally mobile wealth creators. But, in some instances, it may be a case
of ‘act in haste, repent at leisure’, warns Anna Worwood, head of the family department at Penningtons Manches Cooper. She is not talking about finances, but is instead more concerned with rules around the relocation of children, who may have moved along with a parent aiming to evade the chancellor’s clutches. Taking a child to another country (or indeed attempting to bring them back) without the proper permissions or planning can give rise to ‘nightmare situations’, says Worwood, who also serves as chair of the International Academy of Family Lawyers’ (IAFL) Relocation of Children Committee. International child relocation cases can be particularly ‘high-stakes and emotional’ because they’re binary, she says: ‘Either the child is allowed to move or they aren’t – there is no in-between.’ In most locales, a parent looking to
relocate to another country – whether coming back or moving away – must secure either the other parent’s consent or a court order. Until 2010, the legal approach in England was largely governed by Payne v Payne, a Court of Appeal case that laid out several factors to consider: the relocating parent’s intentions, the wishes of the other parent, the child’s relationship with that parent, and whether the move would ultimately be in the child’s best interests. But when a family relocates, it’s the legal
framework of the new country that applies – and that can be very different. In some countries, such as Greece or Italy – both popular with HNWs – court proceedings can be drawn out.
This happened in a recent case that
Worwood worked on, involving a woman who wished to relocate from Greece with her two children, one of whom (her daughter) had been born to her Greek ex-husband. ‘The father of the daughter refused to consent, requiring the mother to seek permission from the Greek courts to relocate to England,’ says Worwood. ‘The father, who was very wealthy, strongly resisted her application to the court and because of the lengthy legal process in Greece, the mother was unable to travel outside of Greece with her daughter for two years (before her application was finally determined) due to concerns that the mother would not return her daughter to Greece.’
The absence of an international,
overarching legal framework around the cross-border movement of children, combined with costly, time-consuming legal processes in some countries, has been linked to higher rates of child abductions. ‘There are countries, like India, where the rates of child abduction are much higher, and that is either because their legal process is too long and too costly or there is no legal process at all,’ Worwood says. Melissa Kucinski, a member of the IAFL
and leading practitioner in Washington, DC tells Spear’s: ‘A lot of parents do not have clarity on the law relating to child relocation and therefore are abducting their children, because they don’t know any better.’ Part of the complexity stems from the
lack of consistency among jurisdictions, but efforts have been made to alleviate some of these difficulties. This year marks the 15th anniversary of the Washington Declaration, a non-binding statement of principles developed by more than 50 judges and legal experts with the aim of improving how the global judicial community handles international child relocation cases, especially by promoting cooperation and greater consistency across jurisdictions.
Colin Rogerson Mills & Reeve
A leading expert in fertility and children law, Colin Rogerson Lawyer of the Year at the 2024 Spear’s Awards, in large part thanks to his handling of and cross-border
A highly experienced children lawyer known for handling sensitive abduction and forced and international adoption. Adept at related to abuse, care and cross-border issues.
THREE LEADING CHILDREN LAWYERS
Claire Nickolds Jones Nickolds
Has extensive experience in children law, regularly handling residence disputes and international relocation cases. She is known for always ensuring the child’s best interests
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