Navigating the Complexities of International Family Law: A Firm's Perspective
In our increasingly globalised world, families are more connected and spread out than ever, with situations where family members live, work and own property in different countries becoming more prevalent. While this offers many opportunities, it also presents significant legal challenges, particularly when marriages or relationships break down. At Voice Lawyers, we have seen firsthand how these international aspects can turn an already difficult situation into a truly challenging legal matter. Our experience acting in these types of matters has afforded us a deep understanding of the unique jurisdictional, financial, and logistical issues that can arise in international family law matters, as well as the ability to work with you to resolve these matters by employing a careful and strategic approach.
One of the most complex challenges we encounter in international family law matters is that of jurisdictional disputes, and these can be especially difficult if children are involved. It's not uncommon for a family to have ties to several countries, resulting in a race to begin proceedings in a jurisdiction that may be more favourable to one party. For instance, one of our matters involved a couple from the Netherlands and Poland who had relocated to Australia for work with their children. When their relationship reached a breaking point, the one parent filed for property settlement in two eastern European countries, while the other filed for childrens and property orders in Australia. This created a "first in time" jurisdictional issue. This case underscore the need to not only understand Australian family law but also how it intersects with international conventions, such as the Hague Convention. The primary consideration in such matters is often the welfare of the children, and we work to ensure their best interests are protected regardless of where the proceedings are initiated.
Child relocation is another significant area of international family law. It often requires careful negotiation and court orders to manage international travel and ensure both parents maintain a relationship with the children, even if they live on different continents. In a case involving an Italian father and an Australian mother, we facilitated a settlement that allowed the children to live in Australia while traveling to Italy annually to spend time with their father. We also handled a matter where one parent commenced proceedings in Australia, recovered this child from America, where she was being withheld by the other parent and then returned to Australia with the child. On arriving in Australia, a fierce custody battle ensued, with the one parent looking to have the child returned to America and the other who wanted the child to live with them in Australia.
The financial aspects of international family law matters are often just as complicated as the parenting matters. When assets are held overseas, obtaining full and accurate disclosure can be a challenge. Over the years we have had matters where the parties to the proceedings have either been unable or unwilling to provide full disclosure of their finances either abroad and/or in Australia. In such one case, the facts that one of the parties held bank accounts, property and a pension in Canada was only disclosed late in the proceedings. In another, a couple with significant assets in Ireland and the UK had to have their overseas assets and investments valued with the value then be converted to Australian dollars and used to negotiate a property settlement. Unearthing overseas disclosure can be a significant undertaking, requiring persistence and a thorough understanding of the legal tools available, to ensure a fair and equitable division of assets. In some instances, parties agree to a cash adjustment in Australia in exchange for one party retaining their international property, as was the case concerning Canadian assets.
Cultural and religious considerations can add another layer of complexity. In one particularly sensitive matter, we assisted a middle eastern woman, who fled to Australia to escape religious persecution and obtaining a divorce in Australia, was coerced into returning to Iran by her family who refused to accept her Australian divorce and was forced to remarry her ex-husband and sponsor his visa application. On arriving in Australia, the domestic abuse commenced again. The case was further complicated by the fact that all of the family money was held in Iran, requiring us to engage private investigators to establish the scope of the international asset pool. Such cases demonstrate the need for a compassionate and strategic approach that goes beyond standard legal procedure, engaging with private investigators to secure a fair financial outcome for the client.
Voice Lawyers is committed to helping clients navigate these intricate and emotionally charged situations. Our experience with cases involving jurisdictions as diverse as the Netherlands, Poland, Hong Kong, Canada, Ireland, the UK, the USA, China and Greece has prepared us for the unique challenges that each one presents. We have developed robust strategies to handle jurisdictional conflicts, ensure financial transparency, and manage cross-border disputes, with a constant focus on achieving the best possible outcome for our clients. At Voice Lawyers we strive to provide our clients with the guidance and support they need to move forward.
If you are experiencing or contemplating separation, we suggest you seek legal advice as early as you can, even if you do not intend to separate for a few months or even years. We offer a 90 minutes early separation strategy session Voice Lawyers — Divorce, Separation and Family Law to prepare and inform clients of the process. Every family’s situation is different, and advice tailored to your specific circumstances can assist you in achieving your best possible outcome. We can also assist if you would like a second opinion.
We help people navigate the complexities of family law and international family law with confident, practical advice. You can contact us at office@voicelawyers.com or call 02 9261 1954 to book a consultation to speak with one of our lawyers.