Sarah Williams

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When did you first handle a child abduction case?
2002

What makes child abduction different from other cases?
In child abduction cases, time is of the essence and you need to act swiftly and decisively in order to optimise the prospects of success. The situation can evolve rapidly and with significant consequences. You need to establish a rapport with your client, absorb the facts of the matter, take instructions, liaise with foreign agencies as required and advise within a very short time frame. It is also important to give ongoing consideration as to whether mediation is a suitable option for resolving the dispute in hand.

How do you ensure good cooperation with the parent in a child abduction case?
Keeping in close contact and making yourself available 24/7 to the parent by whatever means available, is crucial when matters are rapidly developing. You need to be able to take instructions as the situation evolves, adapt, be a calming, authoritative and reassuring presence and be ready to act decisively.

What should parents know before starting a court procedure about child relocation?
Before filing an application with the Court, try and reach an amicable agreement with the other parent. Decisions that have the support of both parents are more likely to succeed in the long-term. Try and engage in discussions in order to understand where the issues lie and, where possible, provide solutions and reassurance (particularly in respect of the provisions for the care of the child and contact arrangements). In the absence of an agreement, invite the other parent to engage in alternative dispute resolution before resorting to court proceedings.

The court process can be lengthy, arduous and stressful. The legal test in a relocation application is ‘What is in the best interests of the child?’ So before disrupting the status quo, make sure you have considered how the relocation will affect the child in the widest sense.

Undertaking proper research and receiving specialist legal advice is pivotal to achieving success at court: you will need to consider factors such as the availability of good schooling in the proposed location, the anticipated standard of living, how the child will integrate socially and over what period of time, how will a new language will be assimilated and crucially, how will you promote and facilitate meaningful direct and indirect contact with the absent parent?

What is your advice to parents about international parenting plans?
Well-constructed international parenting plans are helpful for all concerned. They are a worthwhile investment in time and cost as they provide clarity and reassurance on the future plans. They can prevent you incurring significant expense on lawyers having to resolve issues later down the line.

Whilst the best parenting plans are tailored to individual requirements, essentials to cover include: the international child(ren) arrangements, the travel and handover arrangements, the funding arrangements for each journey, indirect contact arrangements by way of emails, messages, telephone or video calls, an agreed programme of language immersion and other steps to ease the transition and integration into a new culture and country.

You should have a rolling agreement, which does not require renewal/renegotiation each year: for example, allocations of time during the school holidays should refer to Week 1, Week 2 etc., as opposed to listing specific dates.

A well-drafted international parenting plan will also include an agreed mechanism for resolving disputes if they arise. For example, parents can agree to alternate as to who has the power of veto/overriding decision or they can agree to resort to mediation or arbitration within a specific timeframe so that momentum is maintained and the issue resolved swiftly.