Rights of the child upon termination of marriage or union between persons of different nationalities


Rights of the child upon termination of marriage or union between persons of different nationalities
 
Upon termination of the marriage or union between persons of different nationalities
often one of the spouses decides to return to their country of
origin or to settle in a Member State or non-EU country other than
that of the other spouse. When the couple has children, the duty of the competent
judicial authority to determine custody and rights of spouses
personal relationship with the child.
However, it is possible one parent who does not exercise parental
rights to the child, to distract him or refuse to return it after regularly
visit or parent having custody of the children to
move them elsewhere, thereby de facto prevents the exercise
the right of the other parent access rights.
In these cases there is not only a violation of parental rights and
obligations, but mostly a violation of the fundamental right of the child to maintain
regular relations with both parents.
Article 24 of the Charter of Fundamental Rights of the European Union
Child rights
Children have the right to such protection and care as is necessary for their
prosperity. They may express their views freely. It is
taken into consideration on matters which concern them, depending on
their age and maturity.
In all actions taken by public authorities
or private institutions regarding the children's best interests
the child must be paramount.
Every child has the right to maintain regular personal relations and direct
contacts with both parents, unless this is contrary to his
interest.
5.
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In order to resolve such conflicts citizens can turn to
judicial authorities or even to start a mediation process with the help of
mediator whose job is to provide assistance to parents in search of
the best solution in the interest of the children.
Mediation is to provide information on applicable
Law and suggestions to settle the dispute and reach an agreement.
The main advantage of this procedure is that parents wishing to
begin mediation tend to observe with greater accuracy and
austerity agreement reached as a result of their mutual desire than
imposed by the judiciary body.


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Rights of the child upon termination of marriage or union between persons of different nationalities Rights of the child upon termination of marriage or union between persons of different nationalities