Child Custody in an International Divorce

Child custody after a divorce where parents live in different countries can be very complex. The law regarding child custody and visitation rights for the parent without prime custody may vary from country to country. And once it has been decided what will happen regarding custody, being in different countries can still cause many issues.

Child Custody in International Divorces

Deciding what happens with children after a divorce is never easy. It is hard enough if the parents live around the corner to each other, let alone if they live in different parts of the world. Whether one of the divorcing couple has already moved to a different country or would like to in future it has an obvious impact on children. It certainly won’t be as easy to visit the parent they don’t live with as it involves travelling abroad.

Where Should the Children Live?

After any divorce it has to be decided where children should live, and this is often a difficult choice. Sometimes parents may decide between themselves, other times it has to be decided by the courts. In an international divorce it might be decided that children should live in the country where they already do. They will already have friends there and be used to the culture, whereas it could be very difficult to settle in if moving to a different country. There are times, though, where this might not be the case. The parent living in a different country might be better placed to look after the children on a permanent basis. From a parent’s point of view, living in different countries might make gaining custody even more important as they will not be able to see their children as regularly if they don’t.

Different Laws in Different Countries

If the two parents already live in different countries before the divorce takes place then it needs to be decided which country the divorce takes place in. Depending which countries are involved, this can make the whole divorce very complicated for a variety of reasons. Amongst these reasons are the child custody laws in each country. If both parents are seeking custody then which country the decision is made in can suit different parties. This can lead to a dispute over where the divorce should take place and could result in a longer process.

Visitation Agreements

For parents whose children do not live with them visiting them after an international divorce can be very difficult. The reason for this is obvious; they live in a different country so it involves either the parent or the children travelling. This means things are usually very different than after a divorce where only one country is involved. It is fairly common for parents who don’t live with their children to see them every other weekend or for an evening or two every week. This is not as simple when they are in a different country. Instead of a short time spent together on a regular basis this can mean spending longer periods together on a less regular basis.

Andrew Marshall (c)