Divorce with child and parents living in different countries

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Adrian42
Posts: 1119
Joined: Thu Mar 22, 2012 11:13 pm

Re: Divorce with child and parents living in different count

Post by Adrian42 » Mon May 13, 2013 11:31 am

rinso wrote:
Adrian42 wrote:
rinso wrote:So Finnish laws apply,
Could you please stop writing bull$hit when you don't have any clue at all?

Usually the residence of the children is what determines the applicable law, just look at the Germany/France example in my answer to your previous bull$hit post in this thread.
When Cory told that the place of residence was leading, you contradicted it in the next post (which you edited several times and now even deleted) So it seems to me that you don't have a clue.
i never disputed that the residence is what matters.

I removed my post since it was not really bringing additional value compared to what Cory wrote.

There were some formulations in her post like the kids are on Brazilian soil and move to Finland that are a bit of a simplification of the legal term habitual residence - and the exact details matter, so a lawyer definitely has to be consulted.



Re: Divorce with child and parents living in different count

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Adrian42
Posts: 1119
Joined: Thu Mar 22, 2012 11:13 pm

Re: Divorce with child and parents living in different count

Post by Adrian42 » Mon May 13, 2013 11:47 am

ritan7471 wrote:But just because a country has signed some treaty does not mean the country will return a child to the custodial parent promptly in all cases. That's why on both sides legal advice is critical. Even in Finland I read a case in the news several years ago where a non-custodial Finnish mother took her children to Finland "for a visit" and then refused to return them. Even in this case it took several months for the father to regain custody of his kids.

I would be very concerned if I were even a non-custodial parent to allow my children out of my country of residence for a visit. There have been enough cases of both custodial and non-custodial parents interfering with child custody laws and the parenting agreement for me to feel comfortable with it.
You also spend huge amounts of money on lottery tickets, because you've heard that sometimes people win a lot of money in the lottery?

In reality, this works fine in > 99% of all cases - and it is the only practical solution.

E.g. assume a mother is German and living in Germany with no ties to Finland at all, and the children are living with the Finnish father in Finland. As soon as the children are old enough, the only reasonable solution is to put the children into a plane for holiday visits to the mother.

Or what else would you suggest instead in such a case? Each time the mother wants to see her children she has to come to Finland and live with her children in a hotel room for the duration of her stay?

Also note that even this wouldn't prevent an evil mother from going with the children on a ferry to Tallinn and abducting the children to Germany...


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