Relocating Kids Overseas After a Divorce

 Divorce remains a sad but inevitable part of life, both in the UK and other countries across the globe. Interestingly, this remains highest among couples that have been married for 30 years or more, with 43.7% of such partnerships ending in divorce.

 

In the worst-case scenario, parents who are willing to divorce and relocate their children overseas face a slew of legal and financial challenges, making an emotionally difficult process even more problematic.

 

In this post, we’ll appraise these challenges in detail while providing some information on how you can overcome these successfully.

 

What are the Challenges Associated with Taking Kids Overseas?

 

Most commonly, divorces of this type occur abroad, before one or both partners return home with the kids as part of a single or shared custody arrangement.

 

In this instance, of the key challenges is the rule surrounding overseas divorce, especially when compared to the UK. For example, relatively straightforward, no-fault divorces are now commonplace on these shores, whereas the rules surrounding the grounds for filing are much more rigid in other parts of Europe.

 

Similarly, laws in Italy dictate that you must be separated for at least three years before filing for divorce.

 

But what if your partner has fled to another country and taken the children with them? This can be an incredibly worrying scenario, and one that may also require you to seek a legal settlement and divorce abroad.

 

However, you can only argue your right to file proceedings in another country if certain criteria are met, such as residency. Also, there are then logistical issues of returning the children home, which may require assistance from a number of agencies.

 

Another consideration may involve carrying out custody battles in another country before returning the children home. Once again, outcomes vary from one region and culture to another, although the majority of custody cases see the kids remain their mother in the UK.

 

In Italy, this percentage is as high as 90%, although in inter-ethnic marriage, foreign-born or overseas women are more likely to lose in the courts.

 

How to Cope with An Overseas Divorce

 

Regardless of your circumstances, the challenge of divorcing overseas or attempting to relocate children back home or to another country afterwards is highly challenging.

 

So, your first port of call should always be to seek out expert legal advice, ideally from a firm that operates in multiple countries and understands complex geographical laws.

 

This helps you to understand your circumstances better and make more informed decisions, while avoiding knee-jerk reactions and overly emotive decision making.

 

On a final note, you should always try to reduce hostility and come to an amicable arrangement with your spouse. This always benefits the children involved, while ensuring that any pain, cost or logistical hardship is minimised over time.