I recently acted on behalf of a client whose wife was to move overseas shortly after the divorce together with their minor child.
In determining the rights of the parent whose child lives in another country, the Children’s Act of 2005 states that the parent of that child also enjoys full parental rights and responsibilities in respect of that child, even though the child is residing in another country. The Children's Act takes into account various factors to ensure that the best interests of the child are protected. Examples of such factors are:
The capacity of parents to provide for the needs of the child, including emotional and intellectual needs;
The likely effect on the child of any change in the child’s circumstances, including the likely effect on the child of any separation from a parent;
The practical difficulty and expense of a child having contact with a parent and whether that difficulty or expense will substantially affect the child’s right to maintain personal relations and direct contact with the parent on a regular basis;
The child’s physical and emotional security and his intellectual, emotional, social and cultural development;
The need for a child to be brought up within a stable family environment;
Guiding, directing and assisting the child in decisions to be taken by the child in a manner appropriate to the child’s age, maturity and stage of development;
Maintaining a sound relationship with the child.
If after the divorce you believe that the best interests of the child are not being taken into account, you should immediately approach your attorney to refer the matter back to the family advocate or back to court to ensure that the best interests of the child are being taken into account.
Joint decision in a divorce action
Divorce when the children & spouse are overseas
Rights of grandparents to see grandchildren
Mentally handicapped children & divorce