Globalisation and the ease of travel (Covid aside) have given rise to a preponderance of international romantic partnerships. Many of us vontade have spent Christmas navigating the thorny dilemmas of shared family time, shuttling in different directions between relatives and in-laws; a challenging enough mission without the adicional complexities of long-distance travel when other cities and countries form part of the mix.
At Ronald Fletcher Baker LLP, we are regularly consulted by foreign spouses seeking clarification on their legal rights as well as UK nationals panicking about the risk of a foreign partner abducting their child/ren to that partner’s country of origin as an afterthought after the breakdown of a relationship.
Unfortunately, it is usually only once people find themselves trapped and isolated in a foreign country that the full implications of relocating and having a child abroad or with a foreign partner are fully grasped. Although legal safeguards are available, such concerns are valid and demand serious reflection. Careful planning in the event of separation can save clients much anguish and legal costs later down the line.
Whilst Brexit has destabilised many families and brought questions of residency and leave to remain into sharp relief, many of those affected are painfully unaware of the equally onerous if not more severe restrictions imposed by the Convenção de Haia de 1980/1996 (‘a Convenção de 1996’, ’96HC’), que entrou em vigor há mais de 40 anos, muito antes de o Brexit se ter começado a falar.
It would have been a reasonable assumption that freedom of movement in a pre-Brexit Europe would have enabled parents to at least travel easily with their child within European borders. Legally speaking, this is not the case. Provided matters remain amicable on separation, parents are free to make any child agreements they wish between themselves. However, major difficulties lie in domestic violence and high conflict cases.
Without the prior consent of your partner, you’d need to obtain a Court Order to take your children home even to visit their grandparents abroad otherwise, you run the risk of being accused of violating international law. Should you remove your child/ren from their country of residence without either consent or a court order in place, you will be committing a criminal offence which carries serious legal and practical implications. Many unwitting parents find themselves entangled in extremely costly and complex litigation as a consequence of being woefully uninformed about the law.
Countries where the 1980 Hague Convention applies
Recentemente, a Tunísia passou a integrar-se como Estado-Membro ao abrigo da Decisão (UE) 2022/2450 do Conselho, de 8 de dezembro de 2022.
Pode consultar a lista completa dos Estados-Membros signatários em:
https://www.hcch.net/en/instruments/conventions/status-table/?cid=70
Whilst defences to a Hague Convention application are available, these are limited and construed narrowly by the English Courts. Defending an abduction claim can run into hundred of thousands of pounds.
Por outro lado, se for você quem está apreensivo e tem motivos para suspeitar que o seu parceiro está a planear levar o(s) seu(s) filho(s), estamos aqui para o aconselhar sobre as medidas a tomar para prevenir um potencial rapto. Em qualquer dos casos, é fundamental procurar aconselhamento jurídico adequado.
Embora toda a lógica e razão tendam a ir por água abaixo quando surge aquela perspetiva romântica tão apelativa, não há nada de romântico numa avaria transfronteiriça e, como se costuma dizer, quem está avisado está preparado.
If you are affected by any of these issues or simply want some initial advice, please do not hesitate to contact our family team at: familyteam@rfblegal.co.uk / Tel.: 0207 613 7130
Informações adicionais
- Autora da notícia: Beth Alexander
