Eileen Coen Mediation
The road you take makes all the difference.

International Divorce and Parenting Across Borders

silhouettes_children_world

Today, we live in a global society where international marriages and divorces are increasingly prevalent.

While the international marriage may no longer work, the international family is forever. This article will address the parenting and relocation issues unique to international couples going through divorce.

It is not unusual for one or both parents to relocate after divorce – in fact, at least one spouse has to move in order to become separated.  For parents who each have ties to the community through work and family, such a move is likely to be no further than across town.  But in international families and for those working in international careers, a relocation can put continents and seas between parents and their children.  

In contested custody cases, relocation is among the most difficult issues for courts to grapple with and outcomes have enormous impacts on the family. Courts consider what is in the child’s “best interest.”  But it is not always clear what is in a child’s best interest. And to further complicate matters, what is in the child’s best interest is often intertwined with what is in the parents’ best interest. For example, a  parent returning to her homeland where she has the support of her family and community could be better for the child (as well as for the parent).  On the other hand, maintaining proximity to both parents is also in the best interest of the child (as well as in the interest of the other parent).

The problem is that courts are not the best deciders of what is in a child’s best interest.

It’s no surprise that I recommend that parents talk through the important issues and decide, themselves, what will work best for their family.  Parents can begin by identifying their long-term hopes and visions for their child and for their restructured family.

Here are issues at the top of the list:

International travel:

  • What are the logistics?
  • How do travel expenses get covered?
  • What frequency of travel is appropriate? Or possible?
  • What is the level of trust between parents?
  • How to address fears that a parent might fail to return the child?
  • How does the political and governmental climate impact the child’s safety?

Long Distance Access:

  • What access will the child have to cell phone and Skype?
  • How often?
  • How can difference in time zones be accommodated?
  • Does the long-distant parent have a say in decision-making about the child’s activities? If so, how?

Special Needs:

  • Are there schools that can provide what the child needs?
  • How are disabilities accommodated?
  • Does the long-distant parent have a say in the decisions about the child’s schooling and medical care? If so, how?

Language:

  • Is it important for the child to retain both parents’ native tongue?
  • What options or support is available to make that possible?

Child’s Sense of Belonging:

  • How can the child sustain a relationship with both parents’ cultures?
  • How will the child’s sense of “where home is” be impacted?

My next post will look at how one international couple was able to resolve these issues in mediation and create a parenting plan that worked.

4 Comments

  1. Families! It’s true. Millennial families are increasingly multicultural. Just as family law has been glanaluzex through international treaties…. So has family mediation. Professional standards for cross border family mediators was released in 2012. Cross border mediators are specifically trained through an approved curriculum to address the unique needs if families separated by international borders. The U S Department of State/OCI is the CPC overseeing cross birder mediation in the USA. Parents can access heir web site for a list of recognized agencies worldwide- for cross border mediation services.

  2. Sharon O'Day says:

    Some of the hardest issues to mediate are international parenting plans. Congratulations on a great blog for parents needing to consider these issues and prepare for a mediation.

  3. Ming Lowe says:

    Very valuable advice in this global milieu in 2013 and beyond.

    Ming

  4. uma says:

    Territorial borders are now blurred as you say and I pesonally feel that mediation is the best mode to get the best for the child involved. The educatation and care of the child, the support system for the proper care, access to the child for the parent who does not have physical custody, guardiandhip issues relating to properties of the child, handling behavioral issues which arise due to single parenting are issues that have far reaching consequences for the child. Separating parents have to come to the table to form a common plan and any restraint order or protection order for the child is used more by it’s abuse than use for the child

+

Subscribe to Blog via Email

Enter your email address to subscribe to this blog and receive notifications of new posts by email.