Family Law Issues for Expatriate Families

Many work opportunities are available for remote work, independent contracting, or international relocation. Many Americans are taking advantage of this flexibility to move to another part of the world. Children can experience growing up with a different language and culture. However, families with serious disputes may not know where to find answers.

Family law in the United States is generally based on state law. When you are in a foreign country, which laws will control your family law disputes? If you have questions about divorce, child custody, or prenuptial agreements, talk to an experienced family law lawyer.

What Laws Determine Family Law Issues for Expats?

When you live in the U.S., family laws generally depend on your state. If a family member is overseas, the law can depend on several factors, including:

• What links you have to a country
• Where you reside
• The type of dispute
• Where the assets are
• If you are visiting, a resident or citizen of the other country
• Laws of the other country
• Other relevant factors

How Many Expatriate Families Are Living Overseas?

According to the State Department, an estimated 9 million U.S. citizens live overseas. Some of these expatriates retire and move to different countries for a lower cost of living. Others have moved with their family members and are working on expatriate assignments. Some of the countries expats have moved to live, work, or retire include:

• Mexico
• Ecuador
• England
• Dubai
• Australia
• France
• Japan

What Are the Legal Challenges for Expats Getting a Divorce?

Moving overseas can be challenging for families. Family members may struggle with cultural adjustment or not speaking the language. This can cause stress in the relationship and even lead to divorce.

Divorce can be more complicated when the couple is living in separate countries. If you moved back home to the U.S., you can file for divorce in the state where you reside. However, minimum residency requirements could delay your divorce.

As with any divorce, couples can have disputes over property, assets, child custody, and spousal support. It gets more complicated when dividing property and assets in two or more countries. Both spouses may have to engage multiple attorneys if they live in different countries.

Even after getting a court order, enforcing the order in a different country can be challenging. Get legal advice as soon as possible to protect your parenting and property rights.

How Is Child Custody Determined for Expatriate Families?

Child custody is one of the most common issues for divorcing expatriate families. One parent may have come from another country to the U.S., then returned to their home country after divorce. Couples could have moved overseas together and split up, with one spouse returning home. If they have a child together and both want custody, it is more complicated than when parents live in different towns or different states.

If the parents cannot agree on a parenting plan, the family court may decide custody and visitation rights. A family law judge will generally decide based on what is in the best interests of the child. Factors the court may consider include:

• Stability in the child’s education, family life, and community
• Child’s age and preference
• Extended family
• Sibling relationships
• Which parent is more likely to encourage contact with the other parent
• Parental duties of each parent
• Special needs of the child

What Happens If the Other Parent Takes Your Child to Another Country?

If one parent tries to take their child to another country without consent from the other parent, it is parental kidnapping. U.S. law protects your parenting rights under the Hague Convention for international child abduction. The Hauge Convention provides a way to help return the child to their custodial parent. If the new country is also a member of the Hague Convention, the countries can work together to ensure your child’s return.

How Can a Family Law Attorney Help Expat Families?

An experienced family law attorney can represent you in a family dispute. If your family dispute involves different jurisdictions, your attorney can represent you in your home state court. Your attorney can also communicate with the other attorney to settle family disputes. It would be best to get legal advice about your rights in an international family law dispute. Speak with an experienced family law lawyer about your legal options.