How Can the Law Assist When Parents Are Abandoned Abroad, Post-Marriage, and What Is the Impact on Children?
We live in an era where global love stories are the norm and more people are choosing to meet people and marry abroad, filling our social media feeds with picturesque destination weddings somewhere in the sun. But what happens when a closer look at some of these international love stories show us a dark reality? This is unfortunately the case in Transnational Marriage Abandonment (TMA) cases.
What is Transnational Abandonment?
The UK Government recognises TMA (Transnational Marriage Abandonment) as a form of domestic abuse involving controlling and coercive behaviour. In these cases, the marriages are usually either arranged marriages where the couple turn out not to be very compatible or forced marriages where one or both parties did not consent to the marriage. In both circumstances, due to the familial and societal pressure, the couple often try and make the marriage work so decide to have a child/children together.
“Transnational marriage abandonment is a form of domestic abuse involving controlling and coercive behaviour. It refers to the practice whereby the sponsoring partner or their family members, abandons or strands the visa dependent partner abroad, usually without financial resources, usually with the aim of preventing their return to the UK.” – Gov.uk
According to the Family Proceedings Rules 2010 under Practice Direction 12J “abandonment” is considered a form of “Domestic Abuse and Harm” and refers to the practice whereby a husband, in England and Wales, deliberately abandons or “strands” his foreign national wife abroad, usually without financial resources, in order to prevent her from asserting matrimonial and/or residence rights in England and Wales. It may involve children who are either abandoned with, or separated from, their mother.
This form of abuse often begins under the guise of a family holiday and these cases usually involve jurisdictions where the Hague Convention does not apply. It should be noted that family courts can intervene when the parties have children.
How does Transnational Marriage Abandonment Negatively Impact Children
The separation of families is usually distressing for children, and transnational marriage abandonment can cause added layers of negative impact on children, which include (but are not limited) the following: –
- Emotional harm resulting from the removal from a parent
- Severe alienation from a parent
- Split loyalty (children are often left confused on which parent to listen to)
- loss of identity/culture/language
- Replicating abusive behaviour
What Assistance Does the Law Provide to Parents and Children Who Have Been Abandoned?
The abandoned parent can make a Wardship application to the High Court and a raft of orders can be sought on their behalf in order to reunite the abandoned parent and child/ren. The court may consider that the stranded parent’s presence in this jurisdiction is necessary and can make respectful requests to the Home Secretary. The court will consider whether to request the relevant British High Commission/Embassy and/or FCDO to assist by provision of information or otherwise as may be appropriate.
It is pertinent for the abandoned parent to seek specialist legal advice from a family lawyer imminently after the stranding has happened, as the longer the parent waits the more difficult it will be for them to secure legal remedies from a court in England and Wales. In many instances the abandoned parent may also be eligible for legal aid, this is subject to a means and merits assessment.
Get in touch with our specialist Solicitors in London and Brighton
At Goodman Ray, our specialist family lawyers have extensive experience advising parents affected by transnational marriage abandonment and complex international family law matters. We provide expert guidance on urgent child protection issues, wardship applications, and cross-border cases involving children stranded or separated from a parent abroad.
If you or your child have been abandoned overseas, we are here to help you understand your legal options and take swift action to protect your family’s welfare.
Transnational Marriage Abandonment FAQs
Transnational Marriage Abandonment (TMA) occurs where one spouse, usually the husband, deliberately abandons their partner abroad, often without financial support, in order to prevent them from returning to England and Wales and asserting their matrimonial or residence rights. The UK Government recognises TMA as a form of domestic abuse involving controlling and coercive behaviour, and it may involve children being abandoned with, or separated from, the stranded parent.
A wardship application is an application made to the High Court in England and Wales asking the court to place a child under its protective jurisdiction. Once a child is made a ward of court, the court becomes responsible for making decisions about the child’s welfare. In cases of transnational abandonment, wardship can be used to seek urgent protective orders to reunite a child with an abandoned parent or to safeguard the child’s welfare where international elements are involved.
Wardship allows the High Court to make wide-ranging orders in the best interests of the child. In transnational abandonment cases, this can include orders aimed at facilitating the return of the child or the abandoned parent to England and Wales, preventing further harm, and seeking assistance from government bodies such as the Home Office, the Foreign, Commonwealth & Development Office (FCDO), or British embassies or High Commissions abroad.
The Hague Convention on the Civil Aspects of International Child Abduction is an international treaty designed to secure the prompt return of children who have been wrongfully removed or retained across international borders. It applies only between countries that are signatories to the Convention. Many transnational abandonment cases involve countries where the Hague Convention does not apply, which can significantly limit the available legal remedies.
Where the Hague Convention does not apply, recovering a child or securing contact can be more complex. However, the courts in England and Wales may still be able to intervene, particularly through the use of wardship proceedings. The court may also seek assistance from diplomatic channels or make requests to relevant authorities to support the child’s welfare.
Transnational abandonment can have serious and lasting consequences for children. These may include emotional harm due to separation from a parent, parental alienation, confusion and divided loyalties, loss of cultural or linguistic identity, and the risk of children later replicating abusive behaviours they have witnessed or experienced.
In some cases, the court may consider that the presence of the abandoned parent in England and Wales is necessary for the child’s welfare. The court can make respectful requests to the Home Secretary regarding immigration matters and may also request assistance from British embassies, High Commissions, or the FCDO, although immigration decisions ultimately remain within the Home Secretary’s discretion.
Legal aid may be available to abandoned parents, particularly where the case involves domestic abuse and child welfare issues. Eligibility is subject to a means and merits assessment. Early legal advice is crucial to determine whether legal aid may be available and to ensure urgent protective steps can be taken.
Time is a critical factor in transnational abandonment cases. The longer a parent waits to seek legal advice, the more difficult it may become to secure effective remedies from the courts in England and Wales. Early intervention by a specialist family lawyer can significantly improve the prospects of protecting the parent’s and child’s rights and welfare.
Contact us today
If you have any questions or wish to get legal advice on any of the topics raised above please feel free to contact us.
Call us on 020 7608 1227
