By Ela Matters Staff 
Family law can be extremely complex and stressful. When a given dispute or family crosses national boundaries, the complexities can be even greater. So, what factors are worth bearing in mind?
Understanding Jurisdiction in Cross-Border Family Disputes
Before Brexit, EU law applied whenever British citizens would seek a cross-border divorce, or bring up an issue related to child custody. Since Brexit, however, divorces involving nationals of different countries are typically heard in whichever jurisdiction is judged to have the closest connection to the matter at hand. This decision might take into account where both parties are domiciled, and where they actually live from day to day.
It’s worth bearing in mind that the UK’s exit from the European Union has no bearing on the 1980 Hague Convention on the Civil Aspects of International Child Abduction and the 1996 Hague Protection of Children Convention, both of which are recognised by British courts as well as European ones.
Recognition and Enforcement of Foreign Family Orders
Sometimes, an order might be given in one jurisdiction in order to secure an outcome in another. If the UK has a treaty with a foreign jurisdiction, then these tend to be easier to enforce. International standards like the aforementioned 1996 Hague Convention might make this more straightforward. Getting the best outcome, however, typically means recruiting a competent specialist in family law to deal with enforcement.
Parental Responsibility and International Custody Issues
The rules regarding abducted or wrongfully retained children were mostly unchanged by Brexit. If you are going to take a child abroad, you’ll need the written permission of the person with parental responsibility for them. If you don’t, then you’ll need to provide details of the trip to a court.
Some countries also have different age limits when it comes to who is and isn’t considered a child. A person who takes a child out of the country without permission is in most cases guilty of child abduction. If you think your child is at risk of being taken out of the country without your consent, it’s vital that you contact the police.
Alternative Dispute Resolution in International Family Cases
In many cases, the complexity and stress of a cross-border family law dispute can be mitigated through the right alternative dispute resolution method. These methods can help you to avoid a formal courtroom setting, and help to reduce the strain on your relations with your family members.