How Baby Custody Is Managed In Divorce When The Mother and father Are Two Totally different Nationalities – Household and Matrimonial
How to divorce child custody when parents are of two different nationalities
March 01, 2021
Giambrone & Partner
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The lockdown caused by the coronavirus pandemic has increased not only in the case of divorces, but also in the case of child abductions by parents. When a couple is of two different nationalities and the divorce rises, it is not uncommon for one parent to decide to return to their country of origin and take their child or children with them. Of course, this poses significant legal problems and can lead to the arrest of the escaping parent. There can be many reasons parents take such extreme measures, including believing that their child is in an unsafe environment. Often warring parents devote themselves to their children, but let their feelings for the ex-spouse cloud their feelings and impair their judgment.
Daniel Theron, a partner, commented, “In the event of a marriage breakdown, permanent removal of a child or children under the age of 16 to another country without the consent of the other parent or person with parental authority or order is greatly discouraged, regardless of the reasons. It contradicts that
Child Abduction Act 1984 and is therefore a criminal offense, “commented Daniel.” If extensive efforts have been made to unsuccessfully contact the other parent or person with parental authority, this can be considered an attenuating circumstance, but it cannot be presumed. There are other limited circumstances for the court to consider in the event of an illegal removal of a child. “
Children have the right to be heard and to consider their perspectives, especially when the consequences of legal proceedings can have a significant impact on them.
The rights of a child are enshrined in legislation as follows: Article 12 of the United Nations Convention on the Rights of the Child (UNRC) 1989 and, in England and Wales, the Children Act of 1989, which provides a checklist for the good of the child Children in These Circumstances – a list of factors for a judge to consider when deciding what is in the best interests of the child. The courts will take into account the child’s feelings appropriate to their age and perceived understanding. However, their views are subject to the judgment of the court on the child’s best interests, which must come first.
The highly sensitive factors involved in making decisions on behalf of children in divorce cases make this one of the most controversial areas for courts to deal with. The problem was addressed in a Justice Department report, first published in June 2019 – “Assessing the Risk of Harm to Children and Parents in Private-Law Child Cases”. Courts are extremely cautious on all child-related issues and often use the assistance and expertise of the Children’s and Family Courts Advisory and Support Service. (cafass) as part of the decision-making process. Cafass provides independent advice to family courts on child safety issues, navigating the compulsive behavior of some parents and attempts to alienate the parents by others. Cafass helps assess the best interests of children, often by taking a detailed family history and ensuring that a child’s feelings and desires are heard.
The courts and families generally agree that children should have regular contact with both parents. Fortunately, the days when children were randomly divided between parents are behind us. Since it is obvious that a child cannot live in two places at the same time, new solutions have developed and the different forms of custody are as follows:
- Sole custody, only one parent has custody of the child. The other non-custodians are expected to have regular visiting rights.
- Joint custody This regulation stipulates that the child is in turn cared for by both parents for the same time and that both parents are custodial parents.
- Custody of the “bird’s nest” is joint custody where the child lives in one place and the parents take turns visiting and looking after them to ensure that the child does not experience the disruption of having to move back and forth between theirs Parents.
- Shared custody An arrangement where one parent has sole custody of some children and the other parent has sole custody of the remaining children.
- Alternating custody When the parents are a considerable distance apart, a child lives with one parent for a period of time and another period of time with the other parent. For the duration of the child’s stay, this parent has sole custody due to the impractical distance of the other parent.
- Third party custody exists if someone other than the child’s biological parents has custody of the child.
The lawyers on Giambrone’s family team have extensive experience handling cross-border divorce and child arrangements. This often bitter aspect of divorce requires delicate negotiations. Giambrone’s divorce attorneys’ knowledge of the legal situation in a variety of jurisdictions enables them to advise and guide parents through this complex area of law.
You can find more information on child abduction and custody here.
The content of this article is intended to provide general guidance on the subject. A professional should be obtained about your particular circumstances.
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