International Family Law

Our laws here in Scotland are increasingly influenced by the global environment in which we operate, so the scope for international family law and its impact here in Scotland is far greater than many people realise.

Different countries all follow their own approaches to divorce and family law, which will impact families in different ways. We can advise on how Scots law will deal with issues which you may be facing.

As family circumstances change you may wish to take a child/children to live outside Scotland. Removing a child from the UK requires specific consent from anyone who holds parental rights and responsibilities for that child (or an order of the court).

If an agreement regarding relocation cannot be reached, we are experienced in litigating the matter in both local Sheriff Courts and the Court of Session.

The courts in Scotland always have the welfare of the child as their main consideration, so any parent looking to move abroad with children will need to persuade the court that it is in the best interests of the child to do so. As part of the proposal, the parent looking to move should set out in great detail the proposed arrangements for the child, such as schooling, housing and contact with family who remain in Scotland.

It is important for parents seeking to relocate to seek experienced legal advice at an early stage.

If you have any concerns that a child could be taken outwith the UK without your permission, it is important to seek urgent legal advice.

Our experienced solicitors will be able to advise on the steps which may be taken in these circumstances, including raising court proceedings to prevent the other parent from removing the child from UK.