In our previous post, we began speaking about the difficulties that can arise in divorce cases involving dual citizenship. We left off discussing international child abduction, and issue international law addresses in the Hague Conference on Private International Law. But even though there are processes laid down for handling these cases, things can still get complicated, depending on the situation.
In addition, international law doesn't necessarily prevent countries from being uncooperative. A parent who feels their child has been abducted by their partner can contact the state department and local government representatives to seek intervention, but if the partner's country takes their side in the custody matter, not much can be done. Because of this, some experts advise at risk parents not to buy their children passports.
Property division is another issue that can be complicated by dual citizenship. Similarly to disputes over children, the court deciding the case has the power to award property to one spouse or another. And that includes property in another country. When an overseas spouse refuses to give up property, not much can be done.
In each of these areas-the divorce, custody issues, and property division-various difficulties can arise that can make it impossible to determine how things will turn out. In such cases, all the diplomacy in the world may do no good.
That being said, those who are facing such difficulties do well to work closely with an attorney who understands the processes and pitfalls. Doing so will help ensure the best possible outcome in one's case.
Source: Reuters, "Divorce in two countries is double the trouble," Geoff Williams, October 24, 2012