The world is getting smaller. Globalization has meant more migration, which has in turn stretched families across national boundaries. Cross-border relationships can sometimes turn into cross-border disputes, which can often present a complex legal challenge to a family lawyer.
Legal Complexities in International Marriages
One of the first problems we encounter is that different countries have different ideas regarding what constitutes a marriage. If two people from different countries wish to marry, therefore, one of them might become a citizen of the other’s country. Or, both parties can move to a country where the union will be recognized.
There are a few potential challenges to think about. Your spouse might not be able to obtain a visa. Your marriage might not be legally recognized in the way you imagine. Then there are tax complications to think about.
In most cases, whether your country doesn’t recognize your marriage, then other countries won’t, either. If you’re a gay couple getting married, for example, in a country where gay marriage isn’t legal, then in most cases you won’t be considered married, even by countries where it is.
You’ll want to think not only about whether you’ll actually end up married, but how you’ll be married. What property rights will you each enjoy? What about custody over children? In many cases, it’s a good idea to involve legal expertise from the start, and to draw up a pre-nuptial agreement that can head off any legal disputes that might arise later on.
Child Custody Across Borders
Some of the most complex and emotional cases involve cross-border custody disputes.
Many countries will seek to make a decision that meets the “best interest of the child” standard. This is something that’s set out in Article 3 of the UN’s Convention on the Rights of the Child. But even countries that are signatories to the convention will have different perspectives on what the best interest of the child really is.
Another thing to consider is the Hague Convention on Child Abduction. This is there to prevent children from being removed from a country without the consent of the appropriate parent. Children under eighteen need the written permission of every parent who isn’t actually accompanying them.
Child custody isn’t just governed by legal factors, but by personal and cultural ones. In international families, you might find that there are two conflicting ideas over where and how a child should be raised. Recognising these differing perspectives and getting everything out in the open can help to progress a case toward an amicable solution.
Potential Solutions for Resolving Disputes
As we’ve seen, a cross-border dispute can be a messy thing. Fortunately, there are a few sources of guidance to look toward.
Getting an impartial mediator in can be extremely valuable in international cases. With help, you might be able to agree upon a solution that doesn’t involve the court system. A collaborative approach to the law, where opposing solicitors sit in a room and attempt to come to an agreement that both parties can live with, can help a family to avoid the stress and hassle of an adversarial court case.
International agreements serve a vital role in removing ambiguity, and in pushing family law in different territories toward something like harmony. Technologies like Zoom can also help to speed the process, allowing legal professionals in different territories to easily exchange information, and conduct meetings that will push the dispute toward a settlement.