Avneet Panesar
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Avneet is an Associate Solicitor at The International Family Law Group LLP.
Avneet handles all aspects of family law arising from a relationship breakdown. She is a specialist in parental abduction and cross-border cases concerning children, regularly dealing with emergency cases in the High Court. Avneet handles issues of paternity, child relocation, allegations of child abuse and female genital mutilation (FGM). She also advises parents wanting to take specific or preventative steps in respect of their children.
Avneet also advises on all aspects of family disputes including financial issues following the end of a relationship and allegations of domestic abuse.
As a member of Resolution, Avneet aims where possible to achieve a practical, constructive and conciliatory approach to her cases.
Relevant experiences and positions
Avneet has worked exclusively in family law throughout her career.
She specialises in family law focusing on parental abduction and relocation. She also advises and assists clients with all other aspects of family law arising from a relationship breakdown such as disputes relating to the children, allegations of domestic abuse and child abuse and female genital mutilation.
She is instructed by clients all over the world from countries which are a part of the Hague Convention, and countries that are not. Avneet has had 2 reported cases, one relating to a return of a child to India, which is not a part of the Hague Convention, and other the return of a child to Mauritius, which is a part of the Hague Convention.
Some personal questions
What is your opinion on the law / case law on child relocation in your country?
In England and Wales, the law recognises that a child’s welfare is the paramount consideration in any decision relating to their upbringing, which includes decisions about where they should live. The court will focus on this rather than what the parents’ wishes are. The court will consider a range of factors when making their decision such as the child’s relationship with both parents, the reasons for the proposed move, the child’s educational/ social needs, the potential impact on the child of the move, and the practicalities of maintaining contact with the other parent.
What is your advice to parents who are thinking about relocating with a child?
Start planning in advance thinking about the practicalities of the move, such as where they will live, what school the child will go to and how they will continue to maintain their relationship with the parent left behind. Explain your reasons for wanting to move to the other parent. Be open, honest and clear to see if an agreement can be reached. If you are considering issuing court proceedings, you will need to prepare a detailed proposal setting out the plans for the move, how it will benefit the child and how they will maintain a relationship with the other parent (including practicalities).
What is your advice to parents about international parenting plans?
International parenting plans can be complex. As well as setting out the arrangements for the child, they need to contain practical arrangements such as the availability for flights, the cost of travel, any visa or other legal considerations. The communication with the child needs to take into account any time zone difference. Agree on a regular schedule but bear in mind there will need to be some flexibility. Include an agreed dispute resolution process in case if a disagreement, which could involve mediation or arbitration.
Which child abduction case will you never forget?
In one of the cases, the mother who had abducted the child was living on a boat. We had to conduct very detailed research to narrow down her location and instruct a process server to go there physically to find the mother and child on the boat. They were found and served with the proceedings.
What do you think will change in the future in this area of law?
More and more parents are successful in defending these proceedings relying on the grounds of Article 13b. This is becoming more the norm rather than an exception and it is likely to continue to move in this direction. Predicting the outcome in these cases is becoming more and more difficult.
