Child Abduction & Relocation in Lincoln

If a situation of separation occurs between the parents and they want to move away from each other, then this separation thing affects the child the most. Although, it is a hard time for both the parents and even for the children, but   the child has to face a lot during all the legal and even personal matters. And when this moving out is from one country to another, then the situation becomes tougher,as the change in boundaries brings the  change in laws and rules. A different country will follow a different approach regarding the return of the child.

Like if we consider that the parent is moving within United Kingdom (UK), then the Children Act 1989 is to be followed and this law is also followed in places like Wales, Northern Ireland and Scotland.

If the parents are moving into another country, and if the countries fall into the list of members of the Hague Convention on Child Abduction, then the fore said convention is followed. If the countries are also a member of the EU, then EU regulation is followed and the “Brussels IT” regulations provides further options.

If the parent is moving to a country which is not a member of the Hague Convention, then the local laws of that particular place will be applied. In UK due to progress a diplomatic level has been achieved like in Pakistan and in Egypt you can insure that more number of children are returned.If the parent is taking the child from any non-Hague country to England, then the Domestic English Laws will be applied. The child welfare in such a situation is at the highest priority. The decision will be taken under the Children Act 1989 and in these cases the return will not be ordered as they are in Hague Case.

If one parent is afraid of the fact that the other one will take the child out of the UK or England, then you can try something on your own to prevent this. Or if you are the parent yourself, who wants to move to a foreign country, then it’s important for you to seek the permission from the court because the condition may arise that the other parent will not agree over this issue and you will be facing an order to return according to the domestic laws.  It will be an offence if you move out with the child without permission.

Through mediation you can come to a peaceful agreement, even though your case involves relocation of the child to a foreign location. For advice, consult a mediator.

Need help? Call a family mediator today on 03300 101354

General information about Mediation, Please click the links below to find out more info:

Family’s are deeply affected by divorce or separation, especially when there are children in the family. Often these painful situations can be helped with the aid of a mediator who will hold a  Mediation Intake Assessment Meeting or MIAM. MIAMs can soothe ruffled feelings and ensure that communal assets are divided equally, make sure that financial obligations of both parents are laid out and help to make the break as easy as possible for all the members of the family.

When attending a court proceeding on the matter, the family will need to present an FM1 (Family Mediation 1 form) which confirms that a MIAM has been held.

As of April 2014, significant changes were made to the judicial system regarding separation and divorces, particularly where children were involved. These changes ensure that the welfare of the children is paramount, with minimal impact on the children and as little negativity as possible. One of the major changes was a requirement for a mediation session or MIAM to be attended before any court proceedings to do with financial or custody matters (hence the need for a FM1 to be produced).

If the split is acrimonious and both parties find it difficult to be in the same room, as would happen with face to face mediation, it is possible to ask for shuttle mediation.

Shuttle sessions happen when the two parties are seated in separate rooms and the mediator shuttles between the two, discussing issues and offering solutions.

Shuttle mediation is often a good solution with distance between the parties allowing for rational and reasoned thinking.

Mediation sessions are now a legal requirement, and your ex’s lawyer will make this clear to him or her.

Offering shuttle mediation, in which they will not have to share a room while coming to an agreement, is sometimes a way to make the thought of mediation more palatable.

Mediators can also help with will disputes: resolving issues between heirs and coming to an acceptable compromise in the event that the will is ambiguous or unclearly worded.

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