Love knows no borders

Love knows no borders, and more and more people are choosing to work abroad. This is driving the field of family law to become increasingly international. If you are considering or currently engaged in international relocation, it is essential that you seek professional guidance, especially if you have minor children or significant assets.

In some cases, multiple countries may have jurisdiction to hear and decide a family law case. This is a real possibility, for example, if the parties live in different countries or have assets in several countries.

In cases involving children, jurisdiction is typically based on the child's habitual residence. It is therefore possible that a foreign court will decide the case of a child of Hungarian nationality, or that a Hungarian court will decide on the custody of a child of foreign nationality. It is therefore essential to establish which country has jurisdiction at the initial consultation. Should the need arise to engage the services of a foreign lawyer, we will be pleased to refer you to one of our international partner law firms.

If you are a divorced parent and wish to relocate with your child to another country, it is important to ascertain whether this is permitted. In general, if one parent takes the child to a country other than the country of habitual residence without the other parent's consent, or retains the child in another country, this is considered wrongful removal. The Hague Convention on the wrongful removal of children allows the left-behind parent to apply to the court for an order to return the child. Some countries are not party to this convention, which can make the return procedure more difficult. However, there are always legal means for the parent to try to restore the original situation.

Dr Anita Vimláti specialises in family law cases with an international dimension. She believes it is crucial to have up-to-date knowledge of the main changes in family law rules in different countries, which is why she regularly participates in international family law conferences and seminars. Her participation in the professional training courses of the International Academy of Family Lawyers, the International Association of Lawyers and the Academy of European Law provides her with direct access to the most up-to-date knowledge and the most respected family law lawyers worldwide.

Anita edits the Hungary page of the Careful Child Relocation website, which provides reliable information on how to ensure the best interests of the child during migration and divorce. She is the only female Hungarian fellow of the International Academy of Family Law (IAFL).

Her practice is most frequently involved in the following cases: jurisdiction, divorce/separation, child custody, maintenance and contact, child relocation, international parenting plans for parents living in different countries, child abduction, Hague Convention cases, property matters, enforcement of foreign judgments, inheritance/cross-border succession, complex property disputes.

If you need advice on an international matter, please contact us here >>

 

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