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Managing international child custody arrangements between the UK and Vietnam presents unique challenges that require careful navigation of both legal systems. This comprehensive guide addresses the key aspects of establishing and maintaining successful co-parenting arrangements across borders.
According to the Law on Marriage and Family 2014, the assignment of custody of a child to either the father or the mother after divorce is governed under the principle of sole custody—meaning that only one parent shall directly raise, care for, and educate the child, unless otherwise agreed upon by both parties (Clause 1 Article 81).
Specifically, the parents have the right to reach an agreement on the person who shall directly raise the child, as well as on the rights and obligations of each party towards the child after divorce. In the absence of an agreement, the Court shall determine which parent is to be granted custody, based on several factors including: the conditions and ability of each parent to care for, raise, and protect the child; the level of emotional bonding and care provided by each parent; the stability of the child’s living and educational environment; the child’s right to live with the custodial parent and maintain contact with the non-custodial parent; and the child’s own wishes, including the desire to live with siblings (if any) or with a particular parent in cases where the child is seven years of age or older, pursuant to Clause 2 Article 81.
The non-custodial parent is obligated to provide child support in accordance with Clause 2 Article 82 and retains the right and obligation to visit the child without obstruction (Clause 3 Article 82). At the same time, the custodial parent shall not prevent or hinder the other parent’s visitation, unless there are legitimate grounds to believe that such visitation would adversely affect the child’s development. In such cases, the custodial parent has the right to request the Court to restrict visitation rights.
The law also provides for conditions under which a change in the custodial parent may be granted after the divorce. Pursuant to Clause 2 Article 84, if there are valid grounds to believe that the change is necessary to better ensure the comprehensive interests of the child, or if the custodial parent is no longer qualified, the Court may approve a request for a change in child custody.
See also: Guide to Marriage Registration for Foreigners in Vietnam.
In the United Kingdom, the law does not use the term “child custody” in the traditional sense, but instead governs post-divorce parenting arrangements through two main legal mechanisms: Parental Responsibility (PR) and Child Arrangements Orders (CAO), as prescribed under the Children Act 1989.
Pursuant to Section 3(1) of the Children Act 1989, Parental Responsibility is defined as “all the rights, duties, powers, responsibilities and authority which by law a parent has in relation to the child and his property.”
When both parents hold PR, each may independently make routine decisions regarding the child’s daily life. However, significant decisions—such as choice of school, medical surgery, or relocation abroad—typically require mutual agreement among those holding PR.
Under Section 8 of the Children Act 1989, a Child Arrangements Order is a court order that stipulates:
The overriding principle guiding all court decisions concerning children in the UK is: “The child’s welfare shall be the court’s paramount consideration” (Section 1(1), Children Act 1989). In determining what best serves the child’s interests, the court must take into account a comprehensive set of factors known as the “welfare checklist” (Section 1(3)).
See also: Recognition of Foreign Divorce Judgments in Vietnam
Both Vietnam and the United Kingdom are State Parties to the 1989 United Nations Convention on the Rights of the Child (CRC). Pursuant to Article 3 of the CRC, in all actions concerning children, “the best interests of the child shall be a primary consideration.” This principle is affirmed and implemented in the domestic laws of both countries—Clause 2 Article 81 of Vietnam’s Law on Marriage and Family 2014, and Section 1(1) of the UK Children Act 1989.
Currently, there is no bilateral treaty between Vietnam and the UK that specifically governs the resolution of child custody disputes between the two countries. Therefore, in cases of child custody disputes with foreign elements – especially when one party unilaterally removes the child from the country where the child is legally residing – the resolution will have to be based on:
Due to the absence of a unified international legal framework between Vietnam and the UK on these matters, cross-border child custody disputes carry a high level of legal complexity and risk, and should be approached with caution under the guidance of legal counsel well-versed in both jurisdictions.
In divorce cases involving foreign elements where one parent is Vietnamese and the other is a UK national, the care and upbringing of the child(ren) may be arranged in various flexible forms, subject to mutual agreement or a decision issued by a competent court. Below are several common types of arrangements:
Under Vietnamese law, the general principle after divorce is “sole custody,” meaning that only one parent is granted the right to directly raise the child (Clause 1, Article 81, Law on Marriage and Family 2014). However, Clause 3 of Article 81 also allows parents to “agree otherwise in a manner that is in the best interests of the child,” thereby creating the possibility of alternating or shared custody arrangements.
In the UK, the concept of joint parenting is reflected in Child Arrangements Orders, through which the court can specify the time that each parent spends with the child, thus reflecting a co-parenting or shared responsibility model.
This is the most common arrangement in Vietnam, whereby one parent (usually the one with more stable conditions) is granted primary custody by the court. In cases where the child is under 36 months of age, the mother is generally given preference unless she is deemed unfit or the parties agree otherwise (Clause 3, Article 81, Law on Marriage and Family 2014).
In the UK, although both parties may retain Parental Responsibility (PR), in practice, the court may allocate the majority of caregiving and residential time to one parent—commonly referred to as the primary carer—particularly if the other parent fails to fully exercise their PR obligations.
Pursuant to Clause 3, Article 82 of the Law on Marriage and Family 2014 of Vietnam, the non-custodial parent has the right and obligation to visit the child “without obstruction by any person.” While the law does not specify detailed visitation schedules, the parties may agree on arrangements (e.g., weekly visits, school holidays, etc.) to ensure the child’s stability and prevent conflicts.
Unlawful interference with visitation may be subject to administrative penalties under Article 56 of Decree No. 144/2021/NĐ-CP.
In the UK, the court may issue a Child Arrangements Order clearly specifying the contact schedule and parenting time of the non-resident parent. In all cases, the welfare of the child remains the paramount consideration (Section 1(1), Children Act 1989).
In situations where parents reside in two different countries, it is advisable for the parties to reach prior agreements regarding the child’s international travel, especially during summer breaks, public holidays, Christmas, or academic terms.
For instance, the child may live with the mother in Vietnam during the school year and spend the three-month summer holiday in the UK with the father—or the parents may share holiday time according to a mutually agreed schedule. These arrangements may be recorded in the divorce judgment or in a separate parenting plan approved by the court.
In the United Kingdom, major decisions concerning the child—such as school selection, vaccinations, or medical treatment—fall under the scope of Parental Responsibility (PR) as defined in the Children Act 1989. Individuals with PR (typically both parents) must be consulted, and in case of dispute, the Family Court may issue an order in accordance with the best interests of the child.
In Vietnam, the parent with direct custody (as designated by the divorce judgment or a mutual agreement) has the right to decide matters such as the child’s school enrollment and medical treatment, in accordance with the Law on Education, the Law on Medical Examination and Treatment, and relevant guiding regulations.
If a dispute arises or if the non-custodial parent believes that the custodial parent is not acting in the child’s best interests, they may file a petition to modify the custody arrangement (Article 84, Law on Marriage and Family 2014), or request a specific ruling on the matter at issue.
Resolving child custody issues in cross-border divorce cases between Vietnam and the United Kingdom requires thorough preparation, a sound understanding of both legal systems, and proactive formulation of clear and enforceable parenting agreements. The following are key recommendations:
Parents are advised to formulate a written agreement covering the following aspects:
Such agreements should be notarized or legally recognized in either Vietnam or the United Kingdom and accompanied by supporting documents, such as:
In cases where the child holds multiple nationalities, it is essential to comply with each country’s passport and nationality declaration requirements to ensure lawful travel and residency.
The best interests of the child should be the primary consideration in all custody arrangements, including:
It is advisable to consult with:
Parents should consult with family lawyers experienced in international marriage and divorce in both Vietnam and the UK to:
During a dispute or in the absence of mutual agreement, parents may:
See also: “Property Rights and Child Custody in International Divorce in Vietnam.”
Child custody disputes involving marriages between Vietnamese and UK nationals present complex legal challenges that intersect with domestic laws, international regulations, and procedural mechanisms for judgment recognition, immigration, and civil status registration. To ensure the child’s stable well-being and holistic development, parents should:
Thoroughly understand and comply with the laws of both countries;
Proactively establish a long-term parenting plan in writing with legal enforceability;
Utilize available legal mechanisms (including courts, enforcement authorities, judgment recognition procedures, passport and visa issuance, etc.);
Seek appropriate legal and educational counsel;
Develop a cross-border co-parenting framework, prioritizing cooperation over confrontation.
Early and comprehensive preparation can help avoid legal complications, minimize emotional stress for the child, and provide a stable, lawful, and humane environment conducive to the child’s development within a multinational family setting.
Harley Miller Law Firm
Email: miller@hmlf.vn
Website: luatminhnguyen.com or hmlf.vn
Hotline: +84 9372 15585
posted 3 days ago
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