Service pages: family and divorce

Where is a child’s home? Habitual residence and international families

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For many international families, life is not centred on a single country. It is increasingly common for parents and children to divide their time between different jurisdictions, whether for work, lifestyle, education or climate. But if a relationship breaks down, where is a child’s home in the eyes of the law?

The recent case of KPW v MJQ[2026] EWHC 582 (Fam) provides valuable insight into how the court approaches this question and, in particular, how a child’s habitual residence may shift when a family moves between countries on a seasonal basis. Habitual residence is a key concept in international family law. It refers to the place where a child has established the centre of their life and interests. Habitual residence plays a crucial role in determining which country has jurisdiction to deal with disputes concerning children.

A family spread across three countries 

The case concerned a child born to a British mother and American father whose life had been divided between Mexico and Alaska before she was brought to England by her mother.

After the child’s arrival in England, the father sought her return to Alaska. To succeed, he needed to establish that the child was habitually resident there before coming to England.

In considering that question, the court undertook a detailed examination of the family’s life in both Alaska and Mexico, providing a helpful illustration of the factors that are likely to carry weight in cases involving internationally mobile families.

Looking beyond mere physical presence 

To determine habitual residence, the court considered the extent to which the family was genuinely integrated into each country and where their day-to-day life was rooted.

The judge considered the child and her parents to be ‘most familiar’ and well-integrated in Mexico as opposed to Alaska, with the family having social connections (which were not lost whilst they lived in Alaska) and belongings there, as well as both parents having the right to work there. The child spoke Spanish, had spent a substantial portion of her life in Mexico and the family had lived there together for several years.

By contrast, the judge felt the family’s ties to Alaska were less substantial. Although they spent time there and had belongings there, they lived with relatives and did not own or rent any property there. It was relevant that the mother, as the child’s primary carer, had no right to live or work in Alaska, no independent support network and little basic independence, lacking both her own bank account and private living space away from the father’s family.

The court also placed weight on the fact that the parents did not have an agreed settled intention to live more permanently there – there was a dispute between them as to whether the intention was for a permanent relocation. The mother argued that it was intended to be a seasonal arrangement, with the family spending summers in Alaska and winters in Mexico, prompted partly by concerns following a harrowing experience during the hurricane season in Mexico the previous summer.

Can a child have more than one home? 

One of the most interesting aspects of the judgment is its recognition that modern family life does not always fit neatly within traditional concepts of residence. The court accepted that a family may become reintegrated into a country each time they return and that stable, settled residence can exist in more than one place over time. Accordingly, a child’s habitual residence may shift as families move between countries, depending on the extent of their integration into each jurisdiction. 

While the judge acknowledged that the child could potentially have become habitually resident in Alaska, he considered that the evidence in this case did not support that conclusion. Instead, the family’s deep and ongoing connections to Mexico meant that the child’s habitual residence there revived upon her return.

Why the decision matters

Ultimately, the father’s application failed because the court found that the child was not habitually resident in Alaska at the date of the alleged wrongful retention in England. While the judge considered that the child later became habitually resident in England, that question was not central to the application.

The decision is significant for internationally mobile families because it recognises that habitual residence can shift between countries where a family genuinely divides its life between them. A child may become habitually resident in one country, then another, as the family reintegrates into each jurisdiction over time.

Determining a child’s habitual residence remains a highly fact-specific exercise. The court will consider the overall picture, including:

  • where the child is socially and culturally integrated
  • the stability and quality of the family’s connections to a particular country
  • immigration and employment rights
  • education, language and community ties
  • the family’s living arrangements
  • the parents’ intentions.

Planning ahead

Families who divide their time between different countries often assume that a child’s habitual residence is obvious. However, when relationships break down, this can quickly become one of the most contentious issues to resolve. The consequences can be significant, affecting which country has jurisdiction to determine arrangements for children and whether a child may be required to return to another country.

For internationally mobile families, early legal advice can be invaluable in identifying risks, clarifying the legal position and avoiding costly cross-border disputes. 

The Forsters Family team regularly advises on international children matters, including habitual residence, relocation and cross-border family arrangements. If your family life spans more than one jurisdiction, seeking advice at an early stage can help you understand your options and protect your family’s position.

 

Private FDRs under scrutiny: are they delivering for family law clients?

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Private FDRs, have become a central feature of modern family practice. But as their use grows, so does the question of whether they are consistently delivering the right outcomes for clients.

In a recent article published in the Financial Remedies Journals, Jo Edwards and Christine Abbotts draw on survey data and practitioner insight to assess how private FDRs are working in practice. The overall picture is positive. The vast majority of lawyers believe they are helping clients resolve financial claims efficiently and with a higher likelihood of settlement.

That said, the detail tells a more nuanced story. Differences in approach between evaluators, inconsistent preparation, and the intensity of the process all influence the client experience. For many, the day itself can feel fast-paced and overwhelming, particularly where expectations have not been clearly set in advance.

A key theme is the balance between structure and flexibility. Steps such as sharing documents early or refining position statements can support settlement, but there is sensitivity around cost, timing and preserving neutrality. Similarly, there is an appetite for more active involvement from evaluators in some cases, particularly where parties are close to agreement, but without shifting into a mediation role.

The article also highlights a growing focus on the client perspective. Preparation, clarity and pacing all matter. Where these are handled well, private FDRs can provide a constructive and effective route to resolution. Where they are not, the process risks becoming overly adversarial or difficult for clients to navigate.

Private FDRs remain a powerful tool, but their success depends on careful handling of both the legal and human dynamics at play.

How we can help

As private FDRs continue to play an important role in financial remedy cases, expert guidance remains crucial. Jo Edwards and Christine Abbotts work with clients on complex domestic and international family matters, providing strategic advice to help secure constructive and lasting resolutions. Get in touch with the team to discuss how we can support you further.

International adoption: Understand the legal pathway for bringing your child to the UK

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Many individuals and couples choose international adoption to build or grow their families. Adopting a child from overseas can involve complex and time sensitive immigration and family law considerations, understanding these legalities at the start of your adoption journey can help ensure the process is as smooth as possible. 

Importantly, an overseas adoption recognised in English law does not automatically confer British citizenship – citizenship depends on the nature of the adoption and the provisions of the British Nationality Act 1981. We outline how British citizenship may be acquired following international adoption and when further applications or court involvement may be needed.

When is British citizenship automatic?

A child will automatically acquire British citizenship if an adoption order is made by:

  • a UK court; or
  • a court in a qualifying territory (such as a British Overseas Territory), and at least one adoptive parent is a British citizen.

In these cases, citizenship is granted on the date the adoption order is issued.

Automatic citizenship may also apply to adoptions completed under the 1993 Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (“Hague Convention Adoptions”). The UK became a party to the Convention on 1 June 2003, and these provisions apply only to adoptions finalised after that date. Automatic citizenship under Hague Convention can apply where:

  • The adoption takes place in a Convention country;
  • The child is under 18; and
  • At least one adoptive parent is a British citizen and habitually resident in the UK at the time of adoption.

Following the adoption, the certificate and evidence of the adopter’s status can be used to apply for the child’s British passport.

When is British citizenship not automatic?

A child will not automatically acquire British citizenship where:

  • A British citizen adopts a child while living outside the UK, or
  • The adoption takes place in a country that is not a signatory to the Hague Convention.

This applies even where the overseas adoption is legally recognised in the UK.

What is the process of registering an adopted child as British?

Where citizenship is not automatic, adoptive parents may be able to apply to register their child as a British citizen. Registration is discretionary and only available where the adoption took place in a country recognised under English law. The Home Office will consider factors including:

  • Whether the adoption is legally valid and permanent;
  • Whether at least one adoptive parent is British; and
  • Whether all legal requirements and consents were properly met.

Registration may be granted in exceptional or compassionate circumstances.

When might court involvement be required?

Some families fall outside both the automatic citizenship provisions and the Home Office registration policy, most commonly where the overseas adoption is not recognised under English law. In such cases, it is usually necessary to apply to the Family Court either for recognition of the overseas adoption or for a UK adoption order before nationality issues can be resolved. 

Which countries have adoption restrictions?

The UK Government maintains a limited list of countries from which there are restrictions on adopting children. These restrictions usually exist where adoption systems lack sufficient safeguards or for other serious concerns. The current listed restricted countries include:

  • Cambodia
  • Guatemala
  • Nepal
  • Haiti
  • Ethiopia
  • Nigeria

Are there alternative immigration routes?

If the adopted child is not eligible for British citizenship, it may be possible to apply for entry clearance to the UK under an alternative category. These applications require careful consideration and planning, please contact us for specialist guidance and support.

How we can support you

International adoption offers a deeply rewarding way to grow a family, but it also brings a set of immigration and family law considerations that need careful attention. By understanding these legal requirements early on, adoptive families can navigate the process with greater confidence and clarity, ensuring their child’s path to British citizenship is as smooth as possible.

At Forsters, we work collaboratively across our Immigration and Family teams to provide joined up and clear guidance, practical solutions and reassurance at every stage. For tailored international adoption advice, please contact Tracy Evlogidis, Head of Immigration or Sarah Williams, Head of Children.

International surrogacy: Understanding legal parenthood in the UK

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Growing your family through surrogacy, whether in the UK or overseas, can be an exciting and deeply personal journey. However, it is important to consider carefully the immigration and family law implications of entering into a surrogacy arrangement overseas. A child’s immigration status following international surrogacy can vary depending on several factors, including the identity and nationality of the child’s parents, the place and date of the child’s birth, and the nature, location, and timing of the surrogacy. The rules are complex, and early planning ensures intended parents are fully informed about the child’s status and the steps required to bring them to the UK lawfully. Here we set out how immigration status is determined in the UK for children born through international surrogacy and the associated family law considerations.

How do you identify the legal parents of a surrogate child?

It’s important to note that, for nationality purposes, the UK applies a strict and binary definition of legal parenthood. This legal definition may not always align with the practical or intended parental arrangements in place. 

Under section 50(9) of the British Nationality Act 1981, the legal mother of a child is defined as the individual who gives birth to that child. This means that in surrogacy arrangements, the surrogate will always be treated as the child’s legal mother under English law. British Nationality law does not allow for any other person to be recognised as the child’s legal mother.

The identification of a child’s legal father depends on the date the child was conceived and/or born. According to Home Office guidance Nationality policy: surrogacy, where a child was born to a surrogate: Before 1 July 2006: the legal father is the surrogate’s husband or male civil partner at the time of birth if he consented to the fertility treatment. Otherwise, the child has no legal father for nationality purposes.

On or after 1 July 2006: – legal parenthood at birth does not necessarily reflect the intentions of the parties. Depending on the circumstances, the legal father may be:

  • The surrogate’s male spouse at birth;
  • The man who underwent fertility treatment jointly with the surrogate at a licensed clinic, even if his sperm was not used; or
  • Where neither applies, the biological father is proven through a qualifying birth certificate issued within 12 months of birth or other compelling evidence, such as DNA evidence a court order. For children born on or after 10 September 2015, this must be the biological father.

For surrogate born children conceived on or after 6 April 2009, a person who is not the surrogate but is treated as a parent under sections 42 or 43 of the Human Fertilisation and Embryology Act 2008 may also be regarded as the legal parent for nationality purposes. This can include a recognised second female parent.

Nationality law allows for the possibility that a child may not have a legal father.

When is British citizenship automatic for a surrogate born child?

A surrogate born child may acquire British citizenship automatically at birth if:

  • They are born in the UK, and at least one legal parent is a British citizen; or
  • They are born outside of the UK, and at least one legal parent is a British citizen otherwise than by descent.

British by descent: This applies to people who automatically acquire British citizenship through a parent but are born outside the UK. They can usually only pass on British citizenship to children if the child is born in the UK, not abroad.

British otherwise than by descent: This refers to people who acquire British citizenship in ways that are not limited by descent, such as being born in the UK to at least one British parent, naturalisation, or registration. They can generally pass on British citizenship to children born anywhere in the world.

When do you need to register a surrogate born child as British?

Home Office guidance confirms that in most surrogacy cases, intended parents are not the child’s legal parents at birth and cannot automatically pass on British citizenship, but discretion may be exercised in such cases.

If citizenship is not automatic, intended parents may apply to register their child either shortly after birth or later. Under section 3(1) of the British Nationality Act 1981, the Secretary of State has discretion to register a child as British before the age of 18, regardless of where or when they were born, provided the child has a strong connection to the UK. Applicants aged 10 or over must meet the good character requirement.

What if the child is not British?

Where a surrogate born child is not British and cannot be registered as such, and is outside the UK, the intended parents may apply for entry clearance to enable the child to enter the UK – this is provided at least one intended parent has a genetic connection to the child (evidence of identity and that relationship will be required). 

Once the child is in the UK living with the intended parents, an application for a Parental Order may be made. Under section 54 of the Human Fertilisation and Embryology Act 2008, a Parental Order confers legal parenthood on the intended parents and extinguishes the parental rights held by the surrogate. The surrogate may only provide valid consent six weeks after birth, and the application must be made within six months. Once granted, a Parental Order may allow the child to be treated as British where one intended parent is a British citizen.

Are there alternative immigration options?

If no British nationality route is eligible to the child, it may be possible to apply for entry clearance to the UK under an alternative immigration category. These applications require careful consideration and planning, please contact us for specialist guidance and support.

How we can support you

International surrogacy can be a rewarding route to parenthood, but it brings with it a series of legal and immigration considerations that require early, careful planning. By understanding how legal parenthood and citizenship are assessed, intended parents can make informed decisions and smooth the path to bringing their child home. 

At Forsters, our Immigration and Family teams work closely together to support families through every stage of the process. For tailored international surrogacy advice, please contact Tracy Evlogidis, Head of Immigration or Sarah Williams, Head of Children. 

Beneath the surface – Financial infidelity in modern relationships

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Financial infidelity is an increasingly common feature of relationship breakdown. Secrecy around money is nothing new, but modern technology has transformed both its scale and sophistication. Today, financial behaviour can be hidden with remarkable ease – through gambling and shopping apps, digital banking, online trading platforms, or cryptocurrency holdings that are often difficult to trace or even identify. So what are the signs to be on the lookout for?

What is financial infidelity?

At its core, financial infidelity involves dishonesty or lack of transparency about money within a relationship. Typical examples include:

  • Hiding assets (e.g. undisclosed savings accounts, investments, digital assets).
  • Concealing debts (credit cards, loans, gambling liabilities).
  • Secret spending (large purchases, gifts, or maintaining another household).
  • Diverting income, bonuses or inheritance without disclosure.
  • Misleading a partner about your financial position.

Why is financial infidelity on the rise?

The speed and simplicity with which funds can now be transferred, concealed or dissipated has changed the landscape of financial disclosure on divorce. What might previously have involved a hidden credit card or undisclosed savings account has evolved into something far more complex. Practitioners are now seeing undisclosed online gambling, secret investment and trading accounts, the movement of funds through multiple digital platforms, crypto investments held in online wallets and significant spending undertaken entirely out of sight. In some cases, the deception extends to concealed inheritances, undeclared bonuses or business income, leaving one spouse entirely unaware of the family’s true financial position.

The emotional and financial impact 

The impact of financial infidelity can be devastating. Financial trust is fundamental to any relationship and the discovery that money has been secretly spent, dissipated or concealed often elicits feelings of deep emotional betrayal – particularly where deception has been sustained over many years. For some, the implications are life-changing: savings intended for children’s education depleted, family homes placed at risk, or long-term financial security fundamentally undermined.

Often, the issue begins relatively modestly – undisclosed minor spending, concealed debts or risky investments – before escalating over time into a serious dissipation of family wealth. The secrecy itself tends to create a cycle in which increasingly significant financial decisions are hidden in order to avoid scrutiny or accountability.

Divided roles, hidden risks 

Whilst financial infidelity can occur in any relationship, it more often happens where a couple “compartmentalise” responsibilities – perhaps one takes primary responsibility for the children’s logistics and the other takes prime financial responsibility. This can result in one partner having significantly greater control over investments, business interests and household finances, creating unintended opportunities for concealment and unilateral financial decision-making. By the time concerns emerge, substantial assets may already have been dissipated or moved beyond reach.

Raising awareness of financial infidelity 

I was pleased to speak with Alice Wright at The Times on this issue in May, and I commend her ongoing efforts to raise awareness of what remains a relatively under-discussed but highly damaging form of behaviour within relationships. Greater public awareness is important not only in helping individuals recognise the warning signs of financial infidelity, but also in encouraging those affected to seek advice at an earlier stage.

Uncovering hidden assets: legal tools and consequences  

Hidden debts or undisclosed liabilities can affect:

  • Asset division.
  • Assessment of housing needs.
  • Credibility of evidence.

In financial remedy proceedings, both parties are under a strict and continuing duty to provide full and frank disclosure. This obligation persists throughout the proceedings. A failure to comply may amount to litigation misconduct and carry significant consequences. The court can, for example, draw adverse inferences from non‑disclosure. It may also impose costs penalties at any stage of the proceedings under FPR 28.3(6), as a direct response to litigation misconduct.

In appropriate cases, applications can be made for freezing orders to prevent the further disposal or transfer of assets pending financial settlement. The court also has wide powers to order enhanced and detailed financial disclosure, which may include production and scrutiny of bank accounts, digital transactions, online investment platforms and cryptocurrency holdings. Careful forensic analysis of financial documents is often required to establish the true extent of the asset base and identify whether monies have been diverted or concealed.

Where marital assets have already been recklessly spent, hidden or dissipated, it may also be possible to pursue “add back” arguments, inviting the court to treat those monies as though they still formed part of the matrimonial pot when determining the financial settlement. Whilst these claims can be complex and the legal threshold remains relatively high, they are an important mechanism in seeking to achieve fairness where one party has deliberately depleted the family’s wealth for their own purposes.

In addition, a party who verifies a false statement in a document may face contempt of court proceedings, and any financial remedy order made on the basis of incomplete or misleading disclosure may be set aside if the court would have reached a materially different outcome had full disclosure been given. In extreme cases, a failure to disclose may also give rise to potential criminal liability under section 3 of the Fraud Act 2006. 

How the Forsters Family team can help

At Forsters, our Family team frequently advises clients who are concerned that assets may have been hidden, dissipated or moved beyond reach. 

As financial infidelity becomes more sophisticated in the digital age, early and robust legal intervention is essential to preserve transparency, protect matrimonial assets and secure fair outcomes on divorce. Whilst technology has undoubtedly changed the methods by which money can be concealed, the underlying principles remain the same: trust, honesty and fairness within relationships. When those principles break down, the emotional and financial consequences can be profound.

For those struggling with the issues raised in this article, help can be sought from the charity, ‘Surviving Economic Abuse’.

Perspective, preparation, and patience: Top 10 family and immigration considerations around school holidays

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The school holidays, whether in summer, Christmas or in between, are often a time with many moving parts which can often bring added legal complexities for families. Whether you’re navigating child arrangements, planning international travel, or considering relocation, early preparation and clear communication can make all the difference. 

Following an insightful conversation between Christine Abbotts, Senior Associate and Mediator in our Family team, and Amy Sarraff, Senior Associate in our Immigration team, we answer the questions we’re most often asked, offering practical steps to help you be prepared and compliant. 

FAQs

1. What legal tools can families use to stay prepared and maintain harmony during the school holidays, festive season and beyond?

Parenting plans agreed through mediation can include  travel arrangements, helping to set expectations and reduce uncertainty. If agreement isn’t possible, a court order provides clarity, but this must be secured in advance as it takes time for Court applications to be dealt with. For international travel, consent letters (preferably affidavits) are essential when both parents are not travelling at the same time with their children. We can help you prepare robust, tailored documents, agree arrangements or guide you through mediation or the court processes. We encourage you to speak to us as early as possible so we can help make the process as seamless and stress-free as possible.

2. What common challenges arise ahead of the school holidays and international travel, and how can they be avoided?

Last-minute travel plans, unclear child arrangements, and breakdowns in communication are common, particularly at this time of year. Most issues can be avoided by planning early – confirming permissions, checking passports are in date, securing visas as necessary, and agreeing arrangements ahead of time. Our Family and Immigration teams work together to help you anticipate and address these challenges, ensuring you’re fully prepared.

3. What steps should you take when travelling with your child?

Always carry a wallet of key documents and essentials including consent letters or affidavits (especially for stricter jurisdictions) and certified copies of key documents all of which we can assist with. You can double check entry requirements online, but we recommend contacting us early, particularly ahead of peak travel periods such as the summer holidays or Christmas, when court and administrative timelines may be longer .

4. How rigidly must parents follow a Child Arrangements Order over the holidays?

A court order must be respected, but positive co-parenting may allow for flexibility if both parties agree – open dialogue is key. Taking a child abroad without the other parent’s consent or court approval is considered abduction, even if intentions are good. Our Family team, including mediators like Christine, can help you navigate these conversations.

5. How can families manage handovers when communication between parents is difficult?

Plan ahead so that both parents know the plan well in advice. Mediation is still an available option if a facilitated conversation would be beneficial. You can also consider neutral handover points, such as dropping or collecting from a playdate or event, or from public places and communicating via a parenting app.

6. How should separated parents handle introducing new partners, during the holidays?

Keep it child focused. If it’s around the festive period, ask whether Christmas is the right time, as there’s already a lot happening, so sometimes waiting until the New Year might be best.

7. What guidance helps newly separated families through their first major holiday period after separation – whether summer or Christmas?

Keep communication open and seek support if needed. We have a network of therapists which we are always happy to share with clients. It’s good to remember to give yourself grace and that things will usually get better in time.

8. What should families consider before relocating overseas?

Visa requirements should be the first priority. Many first consider housing, schooling, tax, and work arrangements, but visa arrangements should be the first port of call. For high-net-worth and international families, we create bespoke solutions where standard visa categories might not ordinarily fit our client’s circumstances.

9. For international families travelling to or from the UK during school holidays, what should they know about visa requirements, and how can they avoid common pitfalls?

Always check whether you need an Electronic Travel Authorisation (ETA) or visit visa before travelling, as airlines will refuse boarding if permissions aren’t correct. Extended stays, remote work, and overstaying are common pitfalls to be aware of. Overstaying can classify you as an illegal migrant and may lead to deportation. When visiting the UK, remote work is allowed in limited circumstances, provided it remains secondary to the main purpose of your visit.  We can help you secure an ETA or visa and encourage you to get in touch if you are anticipating extending your trip.

10. What are the key takeaways for families navigating family and immigration matters over the holidays?

Here are our three key principals:

  • Preparation: Make sure passports are in date, permissions to travel are valid, and all necessary documents are organised well in advance. Forward planning can prevent a lot of stress.
  • Perspective: School holidays, particularly longer breaks like summer or Christmas, can be an emotional time, full of traditions and expectations. Try to step back and remember that the holidays are just a few of weeks in the year – there will be other opportunities over time for quality time with loved ones. Keeping this in mind can help you stay grounded and reduce pressure.
  • Patience: Things may not always go to plan, and that’s okay. Approaching challenges with patience and understanding can make a real difference for you and your family.

Summary

School holidays often require careful planning for families navigating separation or international travel. At Forsters, our Family and Immigration teams work together to provide clear, practical advice tailored to your circumstances – whether that’s agreeing child arrangements, preparing consent documents, or ensuring your visa status is correct.

We encourage our clients to take early legal advice in preparation  ahead of key travel periods, whether summer or Christmas, to ensure everything is in place for a smooth and stress‑free holiday. Get in touch with Amy or Christine to discuss your plans and make sure everything is in place for a smooth festive season.