International child matters is the term used to refer to any child matter that concerns and includes a different county other than the one you and your child are citizens of, are domiciled or where you and your child are habitually resident. Please find definitions of ‘domiciled’ and ‘habitually resident’ below

This Help Guide 15 is intended to give you a basic understanding of how to navigate international matters with regards to children because families with international connections can find themselves facing additional legislation and issues.

Before you click on the boxes below we would like to give you a brief explanation on 6 points which you will come across as you explore the world of international child matters.

Please note – In this Help Guide 15 the term ‘UK’ refers to England and Wales only.

1) WHAT IS AN EXPAT?

Expat is short for expatriate. An expat is an individual who lives in a different country than where they are a citizen. In some cases, an expat is the term given to an individual who relinquishes their citizenship of their native country and becomes a citizen of another country.

EXAMPLE – A British citizen living and working in Spain/Hong Kong will be referred to as an expat.

2) WHAT DOES THE TERM ‘TO BE DOMICILED’ MEAN?

The term ‘to be domiciled’ refers to the country where your permanent home is or where you intend to return. You are a permanent resident in that country.

EXAMPLE – An individual with a British passport whose main home is in the UK where they will eventually return to, is domiciled in the UK.

3) WHAT DOES THE TERM ‘HABITUAL RESIDENCE’ MEAN?

The term habitual residence refers to where you live, work and your children go to school.

EXAMPLE – An individual with a British passport whose main home is in the UK but lives and works in Spain is habitually resident in Spain. Their life is based in Spain.

4) CAN YOU BE HABITUALLY RESIDENT AND DOMICILED IN THE SAME COUNTRY?

Yes you can. If you were born in the UK, have a British passport, live here, and intend to stay here, then you are habitually resident and domiciled in the UK.

5) WHAT DOES THE TERM ‘THE COURTS JURISDICTION’ MEAN?

This term means the court that will deal with your case has the legal right to hear and make decisions about your case.

EXAMPLE – A British couple living in Spain cannot get divorced in a court in California USA. The Californian court does not have the jurisdiction to deal with their case unless they fulfil the country’s criteria to make a divorce application.

6)  WHAT DOES THE TERM ‘A PERSON’S NATIONALITY’ MEAN?

An individual’s passport will show their nationality. Nationality refers to the country where you legally belong. You can acquire a nationality by birth, adoption, marriage or through the nationality of your parents.

EXAMPLE – If you have a British passport then you are a legal national/citizen of the county of the United Kingdom.

Help Guide 15 discusses 8 different topics. Please click on the box below to be taken to a write up about the topic.