Unilateral Divorce 30/08/2022
In a marriage between husband and wife, when they can no longer find a common voice, divorce will inevitably occur. In this case, children are one of the important issues that the husband and wife need to discuss to see who should be the one to directly raise and take care of the child. For cases where husband and wife live together in Vietnam, the settlement will be simpler, if no agreement can be reached, the court can be resolved. So in the case that one of the spouses, after the divorce, has returned to live abroad, in this case, can the Vietnamese court settle the issue of common children?
With many years of experience in consulting and assisting clients in divorce cases involving foreign elements, child custody disputes and property disputes, Apolo Lawyers - Solicitors & Litigators can fully support clients in cases asking for custody of children with people abroad.
According to the regulations, the Vietnamese Court is completely entitled to settle the child custody dispute request with the person living abroad. In principle, the Court will hand over the child to the person who can directly raise the child, so if you are in Vietnam with your child, you are considered the person capable of directly raising the child, so the Court will consider giving you direct custody of the child.
>>> Read more: Unilateral Divorce Involving Foreign Elements
Child custody disputes with people living abroad
In addition to the high possibility of being accepted by the Court as the person directly raising the child, the Vietnamese living abroad are entitled to require the person living abroad to have the obligation to support the child when the child reaches the age of 18. The level of support will be agreed upon by the parties, if no agreement is reached, the Court will decide based on two main factors: based on income, the actual ability of the person with the support obligation and based on the necessary needs. weakness of the person receiving support. However, it should be understood that it is very difficult to claim support for people living abroad if they do not voluntarily cooperate in implementation.
Unilateral divorce and child custody disputes with people living abroad are quite complicated and take a long time. Therefore, consulting a lawyer in these cases is extremely necessary. Lawyers will assist you in drafting all documents to claim child custody disputes, and support claims and advise you on the collection of documents and evidence in providing the address of the person overseas for the Court, prove the income of the person with the support obligation, and prove the essential needs of the child, to best protect the interests of your child.
>>> Read more: How to get a quick unilateral divorce in Vietnam?
Child custody disputes with people living abroad
Apolo Lawyers has many forms of consulting for clients to choose from such as direct legal advice at the office, email consultation, telephone consultation and many other forms to create favourable conditions for clients the best.
APOLO LAWYERS
21/10/2023