International Case Work
When people from different nationalities want to live together, to get married or to terminate the marriage, they have to have information about a lot of things. As the states have different legislation, it is recommended that one should collect information prior to the steps to be undertaken with respect to the possible consequences afterwards.
Parents who separate or get divorced often cannot reach an agreement who will exercise the parental rights and obligations upon the children. Situations like this will have to be decided by a court with a judgment. The same applies to cases where parents are staying in another country and want custody to be returned to them.
The guiding principle for any decisions to be made is the best interest of the child. To enable the court to make a decision, information is needed on the living circumstances of the family members, respectively the child in the other country.
After a separation or divorce, the contact between the child and one of the parents often breaks down or encounters difficulties. This happens especially when parents and children live in different countries and the parents battle over other issues such as maintenance, custody, division of family property and etc.
Sometimes, in cases of separation or divorce, it happens that children are taken to another country without consent of the other parent, who also exercises the parental rights and obligations. This often happens when the parent who is not given the exercise of parental rights and obligations returns to his or her country of origin together with the children. In most of the cases, this parent violates international agreements and conventions. Child abduction can have serious consequences for children such as abrupt loss of their familiar social environment and significant persons.
On 21 February 2003, the Bulgarian Parliament ratified the 1996 Hague Convention in respect of parental responsibility and measures for the protection of children.
The Convention is in force for Bulgaria from 1 August 2003.
When the child's welfare and safety are endangered, child protection measures must be undertaken at the place where he child is irrespective of the child's nationality. In order to be able to decide in the best interest of the child, it is necessary in many cases to obtain or to provide information about the case history, family members or about the situation in the country of destination.
On 18 January 2006, the Bulgarian Parliament ratified the 1996 Hague Convention in respect of parental responsibility and measures for the protection of children.
The Convention is in force for Bulgaria from 1 February 2007.
In many cases, the child protection bodies as well as the courts need information from another country as to be able to take a decision about the child. International cooperation may be needed in cases of placement the child outside the family, in particularly in the family of relatives, close friends or foster family, when these people are living in another country and eventually the child should left Bulgaria and should move to a third state as to live with them.
On 31 January 2002, the Bulgarian Parliament ratified the 1993 Hague Convention on protection of children and cooperation in respect of intercountry adoption.
The Convention is in force for Bulgaria from 1 September 2002.
The Convention shall apply where a child habitually resident in one Contracting State (the State of origin), has been, is being or is to be moved to another Contracting State (the Receiving State).
The Convention covers only adoptions which create a permanent parent-child relationship.
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