International Family Law and Child Abduction

Beverley sees more and more clients where one partnerspouse in a relationship is of a different nationality which causes its own special difficulties when the relationship ends.

Jurisdiction must be established before a case can be heard in the Court. This means that it must be determined that the Court is competent to hear the case. This is of great importance today eg. a child’s residence may need to be established where his/her parents are not residing in the same country or a couple may not be residing in their national country and seek a divorce. It may be unclear which Court has the power to deal with the issue, something we can determine for you.

If you fall into these circumstances, you will require a lawyer like Beverley who is experienced in communicating effectively with the other lawyers who may well be in another country.

Beverley’s wise words…

“language and expectation can be equal barriers in these cases. I have had almost as much difficulty winning round Americans in my own language as lawyers in foreign tongues but ultimately patience and firm negotiation usually wins the day. In many cases Scotland with its fair sharing is a good place for a fair result

 

Removing a child to a country that is not his place of habitual residence without the consent of the other spouse is regarded as a wrongful removal or retention of the child. The swift return of the child will always be the main aim in such situations.

The Hague Convention on the Civil Aspects of International Child Abduction 1980 can protect the left-behind parent. The Hague Convention insists that the immediate return of the child should be ordered, with only exceptional circumstances dictating otherwise.

Beverley has experienced success in this area and knows how to act efficiently for you to begin the return process as swiftly as possible and not prolong the strain.

 

Beverley’s wise words…

“with four children of my own I can identify with clients suffering and needing quick smart help