How Is a Child’s Place of Residence Determined When the Parents Reside in Different Countries?

1. Introduction The increasing prevalence of marriages involving foreign elements has given rise to numerous complex legal issues concerning children. One of the most common situations occurs when parents divorce or no longer live together, reside in different countries, and both wish for the child to live with them. In such circumstances, determining a child’s […]

Applicable Law to Child Custody in Divorce Cases Involving Foreign Elements: Nationality Law or the Law of the Child’s Place of Residence?

I. INTRODUCTION In the context of globalization and the increasing number of marriages involving foreign elements, disputes over child custody in divorce cases with foreign elements have become increasingly common and complex. Beyond determining which parent will have direct custody of the child, such disputes raise a fundamental issue of private international law: which legal […]

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