We help make the financial side of getting a divorce as simple as possible, whilst retaining what you deserve.
Our international divorce lawyers regularly advise on cases involving complex international aspects.
The breakdown of a relationship can often be a difficult and emotional time. Our separation and divorce lawyers support and offer advice on pre-civil partnership agreements, post-civil partnership agreements, civil partnership dissolution, and finances when a civil partnership ends.
Our family law solicitors are experienced in providing support for families experiencing difficult changes in their lives, including breakdowns in relationships and changes to family life.
At Austin Kemp, we’re here to help. Find out more about the divorce process, and other key information with our vast resource section.
Our industry-first Divorce Report combines numerous data sources and internal research, to bring you this specialist report.
Our expert divorce lawyers have listed questions which are commonly asked by our clients, to which we have provided an answer.
Our legal videos break down the complexity and jargon within our profession.
Our Legal Brochures detail the process for each area of Family Law. Download your brochure and learn more about what is involved in this complicated legal topic.
Our Legal Experts have written insights to help you navigate divorce and family law.
In order for children to be relocated to a different country each person with parental responsibility has to give their permission for the children to go. A court order can be obtained in order to enable a relocation without all people with parental responsibility giving permission for the move.
The mother will always have parental responsibility. A father can have parental responsibility in a number of different situations. If the father was married to the child’s mother when the child was born or if he married the child’s mother after the child was born then the father will be deemed to have parental responsibility. As long as the child’s birth was registered on or later than 1 December 2003 and the father is named on the birth certificate then a father who never married the child’s mother can also be deemed to have parental responsibility.
Another way to gain parental responsibility is by obtaining agreement from the mother or, alternatively, a court can order that someone has parental responsibility. It is also worth noting that the parent with the residence order doesn’t need the other parent’s permission to take the children out of the country for no more than 28 days.
If you think your child’s other parent is going to take your child to live in another country then it is extremely important to seek expert legal advice from solicitors such as Austin Kemp as soon as possible. Our specialist team of solicitors will advise you on your options and will act quickly and effectively to put any necessary stops in place.
Alternatively, if you would like to relocate your child abroad and need advice on the best way of doing this then we will provide independent legal advice regarding your options and how best to move forward.
This is an especially sensitive area of law where there is little or no compromise: children either move abroad or stay in the UK. This means it is extremely important to get independent legal advice at an early stage as most cases do end up in court.
We are also able to handle child abduction cases with the necessary speed and expertise this demands.
Austin Kemp particularly specialises in high net worth individuals who may have large amounts of assets and wealth not only in England and Wales but also abroad and can argue your case taking this into account.
First of all the court will consider the child’s welfare and then the parent’s reasons for wanting to take them abroad. The other parent’s reasons for wanting them to stay are also considered before any kind of conclusion is reached. The court will also consider what will happen if the parent wanting to move abroad cannot go or take their child. An important consideration for the court is the principle that what will harm the main carer will harm the child.
The fact that child relocation cases usually end up in court, and because there is usually no middle ground, means that these cases can take large amounts of time to resolve.
There have been major changes in recent years to the court’s approach, so up-to-date legal advice is essential if you went to move abroad with your children or if you feel that such a move would simply not be in their best interests.