Moving to the UK with children after a separation is a big step. You have packed up a life, sorted schools and visas, and you are probably hoping the parenting arrangements you already have will simply carry over. Before you go any further, you should know that an Australian parenting plan, and even a parenting order made by an Australian court, does not automatically become enforceable in England and Wales simply because it was made in Australia. That sounds worrying, but it is manageable. It helps to think about it in two stages: what to sort out before you leave Australia, and how to give your arrangements proper standing after you arrive.
Stage one: before you leave Australia
Taking children to live overseas is not a decision one parent can usually make alone. As a general rule, you need the agreement of everyone with parental responsibility for the children, or an order from a court that allows the move. This is the part that has to be right.
If you take the children abroad to live without consent or a court order, it can amount to wrongful removal. Both Australia and the UK are signed up to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. Under that treaty, a left-behind parent can apply for the children to be returned to the country they came from. A return application is generally concerned with whether the child should be returned to the country of their habitual residence so that any long-term decisions can be made there, rather than deciding which parent should care for the child.
The permission you need before leaving is governed by Australian law, so it can be helpful to get advice from a family lawyer in Australia about the move itself. Two practical steps go a long way. Get the other parent’s consent in writing, with dates and detail, rather than a vague verbal yes. And if there is any disagreement, deal with it through the Australian court before you book flights.
It also helps to agree how the children will keep in touch with the parent who stays behind. A clear, written plan covering contact, holidays and travel makes the move smoother. This parenting plan guide sets out the kinds of things worth including.
Stage two: giving your arrangements legal standing in England and Wales
Once you are in the UK, your Australian arrangements do not stop mattering, but they are not directly enforceable here as they stand. If a problem comes up, you cannot simply hand an English court your Australian order and expect it to be enforced like a local one. There are three main ways to put things on a firmer footing.
Re-mediate and formalise your agreement
If you and the other parent still broadly agree, family mediation is the calmest and most affordable route. A mediator helps you update the arrangements to fit life in a new country, then records what you have agreed. Services such as Mediate UK help separated parents do this under the law of England and Wales. Before you can apply to court for many children matters, you usually need to attend a MIAM first, unless an exemption applies, so it is a sensible starting point even if you hope to avoid court.
Apply for a child arrangements order
A child arrangements order is the English order that sets out who a child lives with and how they spend time with each parent. It is made under the Children Act 1989. If you want your arrangements backed by an English court, you can apply for a child arrangements order. For the English courts to deal with future child arrangements, the children will usually need to be habitually resident in England and Wales. Whether this applies depends on the facts of the move and the children’s integration into their new life.
Ask for a mirror order
In some international cases, the court may be asked to make an order that reflects existing arrangements made overseas.
Whether this is appropriate depends on the circumstances and is not available automatically. If ongoing court involvement is needed after moving to England and Wales, parents should obtain specialist legal advice.
What an English court looks at
Whichever route you take, the guiding principle is the same. When an English court makes a decision about children, the child’s welfare is its paramount consideration. This is set out in section 1 of the Children Act 1989, and it runs through everything the court does. The court weighs up a checklist of factors, including the child’s wishes and feelings, their needs, and the effect of any change on them. The courts have confirmed this welfare-first approach many times. There is no automatic advantage for either parent.
A few practical pointers
- Keep copies of your Australian parenting plan or order, plus any written consent, and bring them with you.
- Get advice in both countries: Australian advice for the move itself, and English advice for life once you arrive.
- Do not wait for a dispute. It is easier to formalise arrangements while things are calm.
- Tell schools and GPs who holds parental responsibility, so everyday decisions are not held up.
In summary
None of this means your existing arrangements were a waste of time. They still matter, and they can usually be carried across with the right steps. The key is to handle the move in two stages: get consent or a court order before you leave Australia, then give your arrangements proper standing in England and Wales once you have settled. A little planning early on saves a great deal of stress later.
This article provides general information about family law in England and Wales and is not legal advice. Every family’s circumstances are different. If you are planning an international move or have already relocated, it can be helpful to speak to a family mediator or family law solicitor about your individual situation.
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