Returning To Poland Following Brexit? 5 Helpful Tips

1.   Since the Referendum vote on 23 June 2016 there’s been a lot to think about. Will you be able to stay in the UK? Will you need to seek citizenship? The answers to these questions aren’t known yet. But what about the children if one of you decides to return to Poland, and the other decides to stay in the UK? You need answers and a good solicitor can provide them.

2.   If you aren’t in agreement about where the children should live, the parent who wants to take them back to Poland will need the consent of the other parent (or anyone else with parental responsibility) or the permission of the court otherwise he or she could be guilty of child abduction, an imprisonable offence.

3.   This is a situation where it is vital to take legal advice. The Children Act says the paramount consideration is the welfare of the children and this is the basis upon which the court will make its decision.

4.   The UK is signed up to the Hague Convention and if a child is abducted an application can be made for an order that he or she be returned.

5.   Where are court cases about children heard? Current EU rules say it’s the country where the children are habitually resident. Current EU rules also ensure orders concerning children are recognised in member states and are enforceable. (The UK government will have to decide whether to incorporate these EU rules into national law.)

Phone me on 01962 217640 for a free 20 minute consultation on these complicated issues

JUST FAMILY LAW are specialist divorce and family law solicitors offering personalised legal solutions.

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The topics covered in this blog post are complex and are provided for general guidance only. If any of the circumstances mentioned in this blog might have application to you, you should seek expert legal advice.

photo of Poznań Market Square by Scotch Mist on Wikimedia Commons

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