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JGM, Solicitor
Category: Family Law
Satisfied Customers: 12081
Experience:  30 years as a practising solicitor. Partner in own firm.
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If citizens from two different countries separate/divorce,

Customer Question

If citizens from two different countries separate/divorce, where should the children reside? Does the mother have to stay in the foreign country until her children come of age if she wants to see them?
Submitted: 3 years ago.
Category: Family Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The children should reside in the country that is best for the children. In almost every country, the rule is that what happens as regards children has to be what is in their best interests. So it might not be in their best interests to be taken from one country to another. Or it might.

There is no absolute rule. The parents either have to get together and agree or alternatively the courts will have to decide what is in the best interests of the children. This can be a very difficult exercise if the parents Ate not prepared to cooperate.

Relevant factors would be:



Location of family

Maintenance and employment

Family support

So you will see that your question is not straightforward and every case has to be dealt with on its individual circumstances.

I hope this helps. Please leave a positive response so that I am credited for my time.