Reforms to the UK’s non-domiciled (non-dom) tax status, which came into effect on April 6 2025, are expected to prompt many wealthy families to consider leaving the UK.
According to one estimate, as many as 10,800 millionaires left the UK in 2024 – a three-fold increase on the previous year and higher than any other country except China.
As more families plan international moves, concerns are growing around the impact on children, especially where parents are divorced or estranged.
Growing risk of international child abduction
In situations where one parent attempts to move overseas with their child without the other’s consent, the legal and emotional consequences can be severe.
Removing a child from the UK without appropriate permission is a criminal offence. Law enforcement agencies, including border authorities, may intervene if a child is unlawfully taken abroad.
The risk is heightened where one parent has strong ties to the UK and the other is domiciled overseas.
In such cases, the wrongful removal of children across boarders can be extremely complex, especially where international legal frameworks may not apply.
The 1980 Hague Convention on the Civil Aspects of International Child Abduction provides a mechanism for the return of children who have been wrongfully removed or retained across international borders. However, not all countries are signatories to the Convention, and in those cases, resolving such disputes can be more challenging.
How to protect your children
If you are concerned your former partner may attempt to take your child or children overseas without your consent, there are important legal steps you can take:
- Child Arrangements Order: This court order determines where a child will live, who they will spend time with, and for how long. It is based on the child's best interests.
- Prohibited Steps Order: This order prevents a parent from removing a child or children from the UK without the other parent’s consent. It will also alert border authorities to prevent unlawful removal.
- Emergency Action: If a child is at immediate risk of being taken abroad and no order is yet in place, the police must be informed immediately.
How TWM can help
We understand disputes concerning children can be emotionally challenging and urgent. Our experienced Family Law team is here to provide clear, compassionate advice and comprehensive legal support to help you achieve the best possible outcome for your family.
Whether through negotiation or court proceedings, we are committed to helping you reach a swift and secure resolution that protects your family’s future.
Our family law solicitors are highly experienced in advising parents and acting on their behalf about all legal matters concerning children.
For more information and advice, please contact Lora Clark, Chartered Legal Executive Advocate in Family Law.