International child arrangements

Life is increasingly international, and so are families. When parents are in different countries, it’s about finding solutions that make it easy for your child to stay connected with both of you.

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What are international child arrangements?

International child arrangements refer to the practical and legal decisions about where a child will live and how they will maintain a meaningful relationship with both parents across borders. These arrangements can include agreements for contact (in person or virtual), plans for travel, and sometimes relocation.

The focus is always on the child’s welfare by encouraging and sustaining their bond with each parent while considering practical issues like distance, communication, and enforceability under both English and Welsh law and international conventions.

What to consider when parenting from two countries

When one parent lives abroad, you will both need to consider the practical arrangements for your child. In these situations, the focus shifts to ensuring stability with the child living with one parent in one country while creating meaningful opportunities for them to visit and spend time with their other parent.

Key practical points a child arrangement order regarding international visits will need to cover include:

  • Travel and logistics: Who will pay for flights? Will your child travel alone or be accompanied? How will handovers work? Would it be better for the parent living abroad to travel back to England and Wales to spend time with their child?
  • Time and frequency: Will contact be concentrated during longer school holidays? How will you arrange visits for special occasions like birthdays or Christmas?
  • Indirect or virtual contact: How often will you schedule video and phone calls? Agreeing on regular times helps children feel connected and secure.
  • Emergency plans: What happens if your child is ill or there is a family emergency?

Making arrangements with a co-parent abroad

The courts in England and Wales operate a 'no order' principle, meaning that if you and your ex-partner can agree on international child arrangements, you don't need a court order. You can achieve this through direct discussion, with help from solicitors or by using mediation. All these methods can be conducted virtually from different countries. While not legally binding, documenting what you've decided in a Parenting Agreement is a sensible step that can provide clarity and be useful later. Our Separate Well with One Lawyer service can also help you turn your informal agreement into a Parenting Agreement.

If you and your ex can't reach an agreement about who your child will live with or how they will spend time with their other parent, a court application may be necessary. The first critical step is to get legal advice to determine which country has jurisdiction (meaning which court has the power) to hear your case, as it's possible that courts in more than one country could be involved.

Whether your order is made here or abroad, its enforceability is key. Orders from countries signed up to the 1996 Hague Convention are generally recognised and enforced in England and Wales (and vice versa). However, if the order is from a non-signatory country – or you need to enforce an English order in a non-signatory country – you will need specialist legal advice to understand your options.

How we can help

International child arrangements is a complex area of law because it requires consideration of complicated topics such as jurisdiction, domicile and habitual residence. It's important to seek specialist legal advice to understand where an application can be made and how it may be enforced in a foreign country.

Why choose Mills & Reeve family solicitors?

Navigating child arrangements and international co-parenting across borders can feel daunting, but our team is here to bring clarity and reassurance. Here's why families trust us

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Our team of specialist family lawyers are here to support you if you're facing issues related to international child arrangements. Speak to our team today. 

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International child arrangements FAQs

If the international child arrangements order comes from a country that is a signatory to the 1996 Hague Convention, you can apply to the court in England and Wales for it to be registered, recognised or not recognised here.

The Convention is intended to give signatory countries the power to protect children and property across borders, so it will be very rare for a foreign order from a fellow signatory not to be recognised here. Once the international child arrangements order is recognised, the court will enforce it as if the original order were made here too.

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