Family and child law matters involve statutes, private international law treaties and human rights. Moreover, such cases need to be resolved sensibly and effectively because of their emotional component aside from financial and legal issues. Any adoption or divorce can be stressful and the complexities of international law can add psychological strains. Sometimes international factors complicate the situation and an italian lawyer could be essential for its outset. Couples or solicitors do not realise that there are international family law elements to their case.
Some of the most common international child law cases include:
Custody, support or maintenance
Relocation and removal of children
Establishing (or disproving) paternity
Assisted reproductive technologies
Immigration law issues
Each year thousands of U.S. citizens adopt children from abroad and many families in other countries adopt U.S. children. Inter-country adoptions are ruled over by both the laws of the country in which the child and parents live. Moreover, the law prevent an international child abduction due to a custody dispute between a U.S. citizen parent and a foreign national. The Hague Convention of October 25th 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that provides the children’s protection from the harmful effects of abduction. The International Child Abduction Remedies Act (or ICARA) is a United States federal law and establishes procedures to implement the Hague Convention. It promotes international cooperation in the area of child abduction, ensuring “the prompt return of children to the state of their habitual residence when they have been wrongfully removed”. Custody and support orders are subject to modification. The Convention applies only to children under the age of 16. Nowadays, 92 States all over the world, are party to the Convention.
On the other side, some of the most common international family law cases include:
Domestic and international divorce
Disputes over where to issue divorce proceedings
Protective orders and injunctions
Gender based violence and forced marriage
Rights between same-sex couples
Freezing assets to prevent them being moved to another country
Most of family law proceedings take place because of the conclusion of a marriage or couple relationship. Family law makes it extremely important to seek advice from a qualified lawyer. The lawyer is usually able to help people understand the international divorce laws and process of separating assets. Every State has a set of laws in place to determine the rights of the parties.