International Family Law Issues

International Family Law Issues
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In an increasing globalised world where people not only do business abroad, but marry and settle abroad, there are inevitably going to be implications on family matters. For example, if a couple are living abroad and the marriage goes into difficulties, it is possible that divorce proceedings could be started in the country where the couple are living, even if it not the country where they were both born. This can have a significant impact on the outcome. It is well known that wealthy couples have “forum shopped” choosing the country that will allow them their best possible outcome.   

There are also implications regarding children:
  • If a relationship breaks down and one party wishes to return to their native country, what happens with the children?
  • Can the children just be removed without the other party’s permission?
    What is abduction?
  • When can children be returned back to their home?
  • What legal obligations do parents have when they consider removing the children?
  • What about when one party wishes to relocate abroad – can they just take the children there?  
  • When does a Court get involved? 

These situations are stressful at the best of times, but can be made even more difficult and challenging when they happen abroad.  Our particular expertise in Spain means that we have built up a valuable resource of experience and contacts in being able to assist in these matters. Lynn Cowley and Peter Dodd have provided Certificates of Law to Spanish Judges when proceedings have been commenced in Spain and a Spanish Judge wishes to know what the English Law would be in those circumstances.

The linguistic skills of the department and legal expertise means that action can be taken promptly and smoothly without the normal barriers of language and the difficulties entailed in practicing in a foreign jurisdiction.

We aim to deal with these problems in a seamless fashion, using the command of the language and knowledge of the law, to make the experience of our client less stressful and more efficient.

For further information on international family law issues and to find out how we can help you, please contact our International Law Team on 01279 755777 or get in touch with Lynn Cowley, Head of our International Law Team.

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