Divorce Guide

Children with international element

Children who were born in a foreign land or are going to be residing in other country or are going for a foreign visit offer to pose a problem at many levels for the divorcing parties regarding their custody, etc. At the time of the divorce proceedings and after the divorce, the child’s custody granted by the court of law is an issue which is brought up by divorced parents or family and guardians of the child. It may come up again even after the settlement has been reached. If one parent wants to take the child abroad on a vacation then the parent who has the custody, can say no to the vacation, if the consent has not been given, while the other parent has equal right to take his child out, the divorce as a mark can create a lot of impact on the child, and the parent he is living with, so he might not be very sure of sending the child, especially when they had only one child out of marriage, and that too in a foreign land. If the consent is given, the parent should keep a complete check of the where about, and also make sure that, he or she keeps contact with the parent throughout the trip.

Taking kids abroad without consent of the guardian is a criminal offence, and it is known as child abduction or it is also served under the same law, if after taking the child on a holiday, the person does not return the child back. In case, the child is a minor, strict eye should be kept on the ex, if the parent is not sure of the motives. Many countries have signed the ‘Hague convention’ on child abduction; they cooperate with each other for the return of children. The parent whose child has been abducted is entitled to free legal representation in the other country for Childs return back to her own place.

If the parent, wants to take the child out of the country to start a living there, in a foreign land, it is important to file in an application for an order on relocation of both the primary parent and the child. The courts generally grant the order with discussion or just listening over the reason for taking the child abroad. And they also, listen to the Childs interest and wish, before giving it the last seal, the welfare and the future of the kid is given utmost priority in these cases. For other factors, like financial support for the child from the divorced spouse is asked on the facts of child’s future needs and education in the foreign land.

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