Are you considering moving abroad with children? Read on…
Often, families receive advice on moving abroad from the government, migration agents and TV programmes. But there is one thing that NOBODY tells you about moving abroad with your children (and it’s probably the most important thing!): if you end up separating from your partner, or if one of you wants to stay in the foreign country while the other wants to go home, you might not be allowed to return home WITH your children.
Yes, it sounds completely crazy but this is actually happening to thousands of expat parents all around the world. International law states that when you arrive in a new country with the intention of staying, the ‘habitual residence’ of your child shifts to that new country.
So unless the other parent gives you permission to take your children back home, you will need to apply to the LOCAL court to override this. It doesn’t matter if all the family are of the same nationality, or how long you’ve been abroad; it doesn’t matter if you’re fleeing domestic violence and poverty; it doesn’t even matter if the other parent is in prison and you are the sole carer! By law, you must stay put and wait for the local court to decide if you can go back home with your children.