Modern families are increasingly mobile. It’s easier now
than ever to travel, live and work in other nations.
At Dale & Associates, P.C., we help global families navigate the
complexities of international family law.
In the following slides, you’ll learn about six key issues in
this niche area of law:
• Choice of law
• Procedural rules
• Property division
• Child custody
Which country’s courts
have the authority to
hear your case?
The answer is not always black-or-white. It might depend on where
you live, where you own property, whether you have children and
countless other factors.
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Choice Of Law
Once you know where your case will be
decided, you must also determine which
country’s laws will apply.
Other nations have drastically different laws on pivotal family
law issues such as:
• Grounds for divorce
• Division of property
• Recognition of
• Child custody
• Parental rights
• Gender equality
As you can see, the answer
to “which law applies?” can
make a night-and-day
difference in your case.
Navigating Procedural Complexities
Procedural rules affect every aspect of your case, from ﬁling the initial
claim to serving the right notices (service of process) to getting the
evidence and information you need for a strong case (discovery).
Courts have their own procedural nuances for moving through the
legal process. International treaties also set certain rules.
Enforcing Court Orders
Even if you win a favorable outcome on a divorce
or custody issue, that’s only half the battle.
You must also be able to enforce the court order.
Some courts will refuse to recognize orders from
other nations that contradict their own laws.
Your lawyer needs to identify these potential roadblocks early on.
Many families own property in multiple countries. Getting your fair
share of the property requires:
• Identifying the property
• Making sure it’s preserved while the proceedings are underway
• Finding hidden assets
• Applying the correct legal standards
• Determining whether the property is marital or separate
• Obtaining an accurate valuation that the court will recognize.
Protecting your children’s well-being is a foremost concern.
An important treaty – The Hague Convention on the Civil Aspects of
International Child Abduction called– takes a strong stance against
international parent-child abduction.
If the other parent
ﬂed with your children
to another country,
you need to act quickly.
An experienced lawyer can help you take swift steps
to protect your children – and ﬁght to get them back.
Family law is complicated. International issues add
another dimension of complexity.
For that reason, it’s important to get help from
the right attorney.