In a double release as part of Season Two of the Stewarts Divorce and Family Podcast, our team discusses two of the most important topics within the law around children in England and Wales.
Both relocation and abduction are sensitive subjects that can involve dealing with overseas jurisdictions and require expert legal advice to navigate. In each of these podcast episodes, we explore the legal concepts and explain what parents need to know.
Episode 7: Can a separated parent relocate with their children?
Taking on host duties once again, associate Tim Carpenter welcomes Divorce and Family partner Emma Hatley and senior associate Trevona Hettiarachchi to discuss what they describe as the “tricky topic” of relocation. One parent is not permitted to remove a child from the United Kingdom permanently without the permission of the other, or of the court.
Questions answered in this episode include:
- What does international relocation mean? How can you relocate a child after divorce or separation?
- What factors will the court take into account when deciding whether a child should be allowed to relocate internationally? What if the family has more than one child?
- What does the law say about relocating within England and Wales?
- What would happen if one parent unilaterally decides to move to a different area of the country?
- How can parents who disagree on whether a child should relocate, find a solution?
Episode 8: How does the court deal with child abduction?
Regular podcast host Jenny Bowden welcomes partner Toby Atkinson and fellow senior associate Fawn Wilkinson to explain child abduction and explore how it is dealt with both in the courts of England and Wales and internationally. It is a criminal offence for a parent or person with custody of a child under the age of 16 to take or send the child out of the UK without the consent of all people with parental responsibility.
Questions answered in this episode include:
- What does child abduction mean?
- What happens if a parent moves abroad with a child without consent?
- What protections are in place against child abduction?
- How does the courts’ approach differ between abductions from the UK to another country and vice versa?
- What advice would you give to a parent who thinks their child is at risk of abduction?
More Divorce and Family Podcast
Season Two of the Stewarts Divorce and Family Podcast is underway, with the ten-episode season concluding in 2023. The latest episodes are available now to listen to below as well as on all leading podcast hosting platforms including Spotify, Apple Podcasts, Amazon, Google Podcasts, Stitcher and Deezer.
Season One of the podcast is also available to listen to in full, and covers topics including finances following separation, what to expect in court, common mistakes that can be avoided and co-parenting after separation.
The Stewarts Divorce and Family Podcast is co-hosted by partner Sam Longworth, senior associate Jenny Bowden and associate Tim Carpenter. Each episode features other leading lawyers from our Divorce and Family department and covers a wide range of topics to help individuals, advisors and others understand and navigate the many issues that can arise between a couple on separation, as well as other angles of family law such as nuptial agreements and cohabitation.
Our team also discussed the introduction of no-fault divorce in a special episode, considering the significant changes to divorce in 2022 and why these changes matter to separating couples.
You can find further information regarding our expertise, experience and team on our Divorce and Family pages.
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