Rights of the child upon termination of marriage or union between persons of different nationalities

Upon termination of the marriage or union between persons of different nationalities

often one of the spouses decides to return to their country of

origin or to settle in a Member State or non-EU country other than

that of the other spouse. When the couple has children, the duty of the competent

judicial authority to determine custody and rights of spouses

personal relationship with the child.

However, it is possible one parent who does not exercise parental

rights to the child, to distract him or refuse to return it after regularly

visit or parent having custody of the children to

move them elsewhere, thereby de facto prevents the exercise

the right of the other parent access rights.

In these cases there is not only a violation of parental rights and

obligations, but mostly a violation of the fundamental right of the child to maintain

regular relations with both parents.

Article 24 of the Charter of Fundamental Rights of the European Union

Child rights

Children have the right to such protection and care as is necessary for their

prosperity. They may express their views freely. It is

taken into consideration on matters which concern them, depending on

their age and maturity.

In all actions taken by public authorities

or private institutions regarding the children's best interests

the child must be paramount.

Every child has the right to maintain regular personal relations and direct

contacts with both parents, unless this is contrary to his

interest.

In order to resolve such conflicts citizens can turn to

judicial authorities or even to start a mediation process with the help of

mediator whose job is to provide assistance to parents in search of

the best solution in the interest of the children.

Mediation is to provide information on applicable

Law and suggestions to settle the dispute and reach an agreement.

The main advantage of this procedure is that parents wishing to

begin mediation tend to observe with greater accuracy and

austerity agreement reached as a result of their mutual desire than

imposed by the judiciary body.

Mob: +359 895 64 59 40

WWW: advokatvarna.com

Email: iulia.danova@abv.bg