So, you are planning to move abroad - What can you do to safeguard against becoming a stuck parent?
We strongly recommend that parents discuss what will happen to their children if things go wrong abroad. It is important to go to a mediator or solicitor to record these agreements. Without any proof of intention, it is possible that one parent could be trapped against their will in a foreign country as the children will be unable to leave due to being classed as 'habitually resident'. This can happen within just MONTHS or even WEEKS of arrival.
This a like a 'prenup' but for moving abroad:
Go to a specialist International Family Lawyer or mediator with experience of The Hague Convention. You and your partner will make agreements on what will happen to the children if one parent wants to move back home. e.g. what if one parent doesn't like the new country, will the whole family return? Or, if not, where will the kids live? What if someone gets ill?
When you have agreed on all the eventualities, this decision will be recorded and lodged at the court in both the country you are leaving AND the country you are moving to. The decision will only be valid for 2 years, but by then you should have an idea of whether you like the new country and want to settle down there more permanently or not.
Please DON'T take a risk: do it properly and protect your family from the fallout of a divorce or break-up abroad, one that often leads to children LOSING one parent forever. Prevent this tragedy, download this document FOR FREE and take it to a specialist family lawyer with experience of The Hague Convention, BEFORE leaving your home country.
This order template cannot completely stop a parent making an application to court in respect of their children, either in the courts in the country of origin or relocation. It also cannot stop the court of the children’s habitual residence reviewing this order. However, this order provides an important record of the parties’ intentions which can be relied on in court if necessary.
Click here for the Pre-Emigration Contract