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Parental child abduction Bulgaria

After the increased mobility of EU citizen in Bulgaria and common marriages, cohabitations with foreigners increases the risk of parental parental child abduction Bulgaria

Child abduction is a very traumatic experience for the both sides and for the kid.

There are legal procedures in place to ensure that the children are returned to their country of residence

How loChild abdiction in Bulgariang it will take will depend on the country concerned, the circumstances of the case and indeed whether the child can be traced.

Legal support Bulgaria of child abduction

It is important to establish as soon as possible what your parental rights are under the local law of the country to which your child has been taken.

You should obtain urgent legal advice about the laws and practice for the country concerned and the position regarding legal aid for legal costs.

This statement again concerns disputes relating to the unlawful detention or transfer of a child to a territory other than the country of habitual residence of a child.

Consideration of the issue is necessary due to the frequent cases in which parents living in different countries have a dispute over where and with whom the child should live.

At one point, usually due to a misunderstanding between the parents, one comes with the child to Bulgaria and refuses to return to the country where they all lived together before.

Bulgaria as a full member of EU is place for legal cases of international abduction of a child by a parent.

After the divorce or separation, one of the both parent decides to take the child to another country.Child abdiction in Bulgaria

He dissatisfied with the court decision or in the hope that the court in his or her homeland will be more favorable to him or her.

Parental responsibility in child abdiction cases

The exact definition of  child abdiction has been given in Hague Convention of International Child Abduction.

Parental child abduction occurs when a person takes a child away from the country of habitual residence.

That is the country they normally reside in, without the permission of either those with parental responsibility or the courts. In these cases, however, decisions are made in the

А/best interests of the child,

B/if it turns out that the return of the child would put him or her at risk of physical or mental harm, the court will not order the child to be taken away or detained. the return of the child to the country of his habitual residence.

According to the recommendations of the Permanent Bureau of the Hague Conference, states should promote legislation to reduce the risk of abduction.

Does your partner take your child to another EU country without your permission ?

The procedure of legal aid by parental child abduction Bulgaria

We could help you take the necessary steps to get your child back. The central bodies, determined according to Hague Convention is Bulgarian Ministry of Justice

  1. International Legal Protection of the Child and International Adoptions Directorate
  2. International Legal Cooperation and European Affairs Directorate

The Hague Convention on the Civil Aspects of International Child Abduction aims :

1. to ensure the immediate return of the child transferred illegally or detained in one of the Contracting States
2. to guarantee effective observance of the laws related to the exercise of parental rights and the right to personal relations.
The Regulation № 2201/2003  for the recognition and enforcement of judgments in matrimonial matters and the matters of parental responsibility.
The Regulation applies between all Member States of the European Union, with the exception of Denmark. A court desicion in one state shall be recognized without special procedure.

Does your partner take your child in breach of a court order?

For help and support on how to get your child back, please call us to speak to one of our child abduction experts on + 359 897 90 43 91 or  send us a mail office@lawyer-bulgaria.bg

Domestic violence in Bulgaria

A victim of domestic violence can be a Bulgarian citizen or a foreigner, an adult or a minor. The lockdown from 2020 has incresed the cases of domestic violence in Bulgaria.Domestic violence in Bulgaria

Our team is highly experienced in dealing with matters of harassment and domestic abuse which arise in the context of a family dispute.

We have the necessary expertise and support from our colleagues in other teams to advise and assist those suffering from domestic abuse and harassment.

Combating domestic abuse and harassment does not necessarily mean contacting the police, a prosecution and criminal convictions.

There are a number of remedies available in the civil and family courts which can afford protection to you without resorting to criminal proceedings.

Domestic abuse concerns itself not only with your immediate spouse or partner, but also wider members of your family and household.

If you are suffering abuse or harassment from someone who is not your partner or spouse, there are remedies available.

Legal protection in domestic violence

Domestic violence can occur in a number of different ways. It can be physical or sexual abuse, but it can also be emotional, psychological or economic abuse, and some people have been exposed to it for so long that they do not even recognise it as abuse. Domestic violence can be perpetrated by both men and women.

The act of domestic violence is a type of illegal act and its consequences may have a different nature.

What is domestic violence ?

A domestic violence situation may lead to one or both parties seeking an intervention order.

These orders can become important in family law matters including parenting and property proceedings.

In some cases, where there have been findings made by a Magistrate in a contested intervention order proceeding, one or both parties may be prevented from re-agitating those issues in the Family Law Courts unless there is different or new evidence which might affect the initial findings.

If you are experiencing domestic violence in your relationship, there any many community organisations you can contact for help. Armstrong Legal provides a no-obligation initial appointment that is confidential.

Our family lawyers are sensitive to the issues surrounding domestic violence and assist victims of domestic violence, both male and female, on a regular basis.

We also have a team of criminal lawyers that can assist if required in respect of any intervention order proceedings.

A domestic violence situation may lead to one or both parties seeking an Order.

The orders should be delivered by police office.

These orders can become very important in family law matters including parenting and property proceedings. Our lawyers support drafting a claims for domestic violence.

Measures for protection against domestic violence:

Domestic violence in Bulgaria

1.Placing the respondent under an obligation to refrain from perpetrating domestic violence;

2. Removing the respondent from the common dwelling-house for a period specified by the court;

3. Prohibiting the respondent from getting in the vicinity of the victime, his/her home, place of work, and  places where the victime has his or her social contacts or recreation, on such terms and conditions and for such a period as is specified by the court;

4. Temporarily relocating the residence of the child with the parent who is the victim or with the parent who has not carried out the violent act at stake, on such terms and conditions and for such a period as is specified by the court, provided that this is not inconsistent with the best interests of the child;

5. Placing the respondent under an obligation to attend specialised programmes;

6. Advising the victims to attend recovery programmes.

The appeal claim could filed in the court within 7 days.

The appeal claim don’t suspend the execution of the order.

The district court shall consider the appeal within 14 days in open session with summoning of the parties

Every side has a ride to ask for uphold, revoke or amend the appealed decision.

The appeal court could amends the order, the court issues a new order.

If you have any questions related to domestic abuse, we want to hear from you.

Call our law office at + 359 897 90 43 91, confidential consultation with a Bulgarian domestic violence lawyer or contact us online.

How to find a good lawyer Bulgaria ?

At times when we are facing a certain legal obstacle, whether it is a traffic accident or a commercial dispute, we often want to be aware of our legal rights. The question always will be how to find a good lawyer Bulgaria ?

How to find a good lawyer Bulgaria ?

In these cases, everyone usually turns to a law firm seeking legal assistance.

efore starting your research, characterize the legal case and find out to which branch of law it belongs.

The field in which your legal problem is located also determines the type of lawyer you are looking for.

Most lawyers  has been specialized in specific areas of law – family and inheritance, commercial, accident law, criminal, etc.

It is important to approach a person with knowledge and experience in the field of your case.

The legal way of find a good lawyer in Bulgaria ?

The reputation of the respective company is extremely important, in addition to a guarantee of good faith and professionalism, it is also a reliable tool in choosing a legal representative.

    • By recommendation of friends or Internet users

Recommendations and references from friends, relatives and acquaintances are the best way to find a lawyer

Usually these people have no direct interest, nor are they financially favored by the recommendation of a particular lawyer.

Your relatives could share with you their objective opinion about the work of the respective specialist or team, revealing both the positives and the negatives.  

  • Through cyberspace resourcesHow to find a good lawyer Bulgaria ?

If you are unable to find a loved one who has used the legal services of a specialist, take advantage of cyberspace resources.

You could do online research in official directories, forums, on the websites of law firms.

Our suggestion

Prepare & Draft a short list of your potential lawyers and their contact details.

This would help you organize your search.

Before arranging a meeting with the chosen person, try to describe the situation briefly and clearly on the phone.

This would allow the specialist to prepare and make your conversation more productive.

Our Bulgarian business law firm offers reasonable options for work and flexible fees doing business in Bulgaria.

Just call us on + 359 897 90 43 91 or send us a mail at  office@lawyer-bulgaria.bg

Recognition child maintenance orders

Recognition child maintenance orders Following the accession of the Republic of Bulgaria to the EU, as regards the recognition and enforcement of decisions and other acts issued in other EU Member States, EU law and the standards established and incorporated in the CCP shall apply.

There is also clarity and a relatively easy way to allow the enforcement of decisions and other acts issued in other EU Member States.

That Convention continues to apply to other countries. Recognition child maintenance orders

The Regulation applies in civil and commercial matters and has detailed rules in a number of areas including consumer contracts and individual employment contracts.

The family law in Bulgaria

The Family law, is regulating the family relationships, including marriage and divorce, the treatment of children, and related economic matters.

Whether you are planning your future, require assistance during a difficult time or need someone to fight your corner, we have the legal expertise to support and guide you through whatever this may involve.Recognition child maintenance orders

We can advise you on a wide range of family and divorce issues including:

  • Divorce
  • Children
  • Financial statements
  • International family law
  • Prenuptial and postnuptial agreements
  • Cross-border pension claims
  • Custody and guardianship of minors
  • Regulation of parent-child relations
  • Cross-border visits between parent and child
  • Modification and breaches of visits
  • Recognition of foreign judgments
  • International Child Abduction
  • Succession, national and international inheritance law, including estate planning and drafting of wills and legal assistance before the courts.

It does not cover a range of matters including taxation, the status or legal capacity of people, matrimonial matters, wills and succession and social security. Here we are only concerned with its role in relation to family law.

It does apply to maintenance orders in family law cases.

It deals with jurisdiction (i.e. which court can hear the case) and enforcement of maintenance orders. The recognition and enforcement of judgments given in non-EU non-EU countries should be in a different procedure and order, namely the order established by the ECHR.

The procedure for recognizing and allowing the enforcement of foreign decisions and other acts (of non-EU countries) in Bulgaria.

The rules of recognition of court decision in BulgariaRecognition child maintenance orders

According to part four of the Bulgaria law act for international claims the conditions introduced in Art. 117  for recognition and approval of enforcement are the following:

  1. – Decisions and acts of foreign courts and other bodies are recognized and enforced when:
  2. – the foreign court or authority was competent according to the provisions of Bulgarian law , but not if the sole ground for foreign jurisdiction in property disputes was the nationality of the claimant or his registration in the state of the court;
  3. – the defendant was served with a copy of the application, the parties were regularly summoned and the fundamental principles of Bulgarian law related to their defense were not violated ;
  4. -if a decision of a Bulgarian court has not entered into force on the same grounds and for the same request ;
  5. -if between the same parties on the same grounds and for the same claim no proceedings pending before the Bulgarian court , started before the foreign case in which the decision for which recognition and enforcement is sought;
  6. – recognition or approval of the performance does not contradict the Bulgarian public order

Maintenance matters may also be decided by the court which is dealing with divorce or separation proceedings, provided its jurisdiction to do that is not based only on the nationality of one of the parties. Recognition child maintenance orders

Child Custody law

Getting the Child Custody rights is the worst possible option for the development of relations between the parents. But these are also some of the most common family law cases, along with divorce cases. Child Custody law

The typical situation involving such a lawsuit is the termination of cohabitation of parents without marriage and lack of agreement

They need to clarify who will care for the child, how the visions with the other parent will be carried out and what maintenance will be paid for him.

If both parents are intelligent people who clearly understand the need for their child to have both a father and a mother, they are aware of their responsibility to provide means of support and the need to maintain good relationships, at first glance it seems unnecessary to reach until the trial.Child Custody law

But human nature is fickle, relationships get worse, selfishness or jealousy take a backseat and things go to court.

Our legal advice to people who are divorced but on good terms is after the divorce, to visit a family lawyer and to reach an agreement.

This agreement should be it notarized or judicially approved to regulate the relationship as between parents and their child, thus preventing future conflicts.

As our extensive practice shows, parental rights cases are being pursued precisely because of unresolved issues at the beginning of separation.

Another reason is the development of these relationships in conditions of uncertainty and uncertainty and as a result escalation of tension and deterioration of communication.

If you have a problem like this, though you may have aggravated the relationship, the most productive option is always to consult a lawyer specializing in parental rights and try to negotiate a settlement.

With the help of an intermediary, you can restore balance and lay the foundations of a more peaceful, mentally incapacitated future for you and your child, which is also financially secured by the other parent.

How can a divorce lawyer help us?

First, after learning about the specifics of the case, you will receive legal advice on your chances of winning such a case.

Next, tips on how to properly arrange for the protection of your claims and assistance in obtaining documents and preparing witnesses to support your fair requests.

Thirdly, the parental rights lawyer will draft and file in court your documents in a way that you can prove your case and will successfully defend your claims to the judge.

Once the judgment is delivered, it will advise you on the options to enforce it and its interpretation on issues that are not clearly addressed in it.

Child Custody lawIf necessary, it will defend your interests in a further court of law in the event of an appeal.

Our advice is to bring in a case for parental rights for joint consideration and claims for a regime of personal relations with the father, as well as for maintenance. 

This will in no way increase the costs of the case, while at the same time enabling you to achieve the regulation of the full volume of relationships in a single production.

Insofar as a parental rights case concerns your future to that of your child, it will be absolutely irresponsible to believe something so valuable to you in the hands of a lawyer who lacks the necessary experience and knowledge.

We guarantee that by contacting us in connection with your parental rights case, you will receive quality legal services from highly experienced family law attorneys who will bring you the necessary attention. Child Custody law

We do not formally and formally approach, but build your protection with regard to the specifics of the case. 

For this, if you have a legal problem regarding custody rights, contact us to schedule a date and time for a consultation on your case.

Divorce Lawyer in Bulgaria

Dealing with family law issues and divorce in particular can be an emotional and stressful experience. Divorce Lawyer in Bulgaria

WHAT SHOULD BE THE REASONS FOR DIVORCE?

Together with “mutual consent” the second reason for divorce in Bulgaria is the deep and irreparable breakdown in marriage”  according the Bulgarian Family code as legal motive for divorce.

This is what makes it important to have professional and impartial advice and guidance to ensure the best outcome for all parties involved.

The legal praxis of our law office has many cases in the field of family law, with more than half being divorce cases.

Divorce Lawyer in Bulgaria Turning for help in divorce in Sofia, we offer clients a guarantee they will receive adequate legal protection from a divorce lawyer in Bulgaria with extensive professional experience

You will have the opportunity to find the best solutions in the most complex cases concerning the divorce process in Bulgaria.

We recommended to use a highly specialized lawyer – a divorce lawyer in Bulgaria , who brings the clients the main information, instead of using somebody else

How to Pick a Good Divorce Lawyer ?

Many divorce lawyers in Bulgaria offer divorce services, but to find out the difference between a really good and reliable divorce lawyer in Bulgaria and others who just claim to be such, you should meet with him in person.

Each divorce case is different and requires an individual attitude and approach, which requires the divorce lawyer to get acquainted with your problem in detail.

The patterned and hasty approach to customer issues clearly indicates a lack of professionalism when legal assistance should be provided in cases affecting the future of children.

If you decide it is time to end your marriage or consider divorce as an option, there are many factors to consider. 

It is crucial that you find the right lawyer for you to advise you on all the options available to you in order to protect your shared assets, to have a real understanding of your concerns and the concerns of your children.

How long do divorces take?

Every year in Sofia just over 2000 marriages end in divorce. 

If you are going to have this procedure too, do not consider yourself an outsider – about 10,000 families in Bulgaria annually terminate their marriage. 

In general, the divorce procedure in Bulgaria is a pretty quick process, even if there are children custody case involved or one of the spouses shows disagreement.

The simple divorce will take up to 3-5 months.Divorce Lawyer in Bulgaria

The Bulgarian court will not look at the questions for division of property.

The court will just look at the divorce case the custody and child maintenence payments for the kids. 

WHAT IS THE REAL DIVORCE PROCEDURE IN BULGARIA ?

Despite some differences between the laws of different states of the country, the general pattern of divorce is the same everywhere. 

After submitting of legal claim for divorce and providing a evidences for brocken marriage,the court forward the documents to the other person.

There is a formal divorce process and we can assist you at any stage to ensure that your claims are taken into account by the court. 

There are also many different approaches to how you may want to separate your total assets or ensure that the other party is actively involved in the upbringing of your children. 

We are here to help you decide what is the best solution for your situation.

Call us now on + 359 897 90 43 91 for consultation

Get a legal protection of your family rights with our divorce lawyer in Bulgaria !

How long does it take to get a divorce in Bulgaria ?

The divorce by mutual agreement in Bulgaria take usually between 4 to 6 mounts. All steps and time depends on the workload of the Family court. 
There are no spesific deadlines, but the court instructions is to limitate within 6 or 7 mounts. Usually about siseveral months, but if there are difficulties in summoning the parties or one of them takes actions that slow the progress of the case, it can take longer.

Who will take care of child after divorce in Bulgaria ?

When a divorce claim is already filed in the Family court, cares for the the child/ren remains to be given to the mother.  However, in deciding this issue, the court is guided by a set of criteria on which parent it is in the interest of the child to remain in foster care after the marriage. 
The both parens could considered who will take care of child after divorce in Bulgaria. Also important is the social environment of the parents, the possibility of assistance from loved ones in raising the child, living and material conditions, although the latter is not a leading one.

How much are the child maintenance costs after the divorce in Bulgaria ?

The child maintenance costs cannot be less than ¼ of the country’s minimum wage and at the moment it cannot be less than 152.50 BGN per month for 2020. The question is there is not upper limits to the child maintenance costs. In the case of a divorce by mutual agreement, the amount of the maintenance is determined by agreement between the parties. When an agreement cannot be reached on the amount of maintenance, it is determined according to the needs of the child and the options of the parent who will pay it. The needs of the child are determined according to their age, the lifestyle they have led up to now, the necessary means for food, clothing, study and sports activities and social contacts. 

Child maintenance Bulgaria

A maintenance case is usually filed when two people living in the form of an actual cohabitation have a common child and are separated. 

Then the child or children remain with one parent and the other either does not pay maintenance or pays it less than the needs of minors. Then, for the parent with whom the child lives, a legal interest arises in bringing a maintenance case against the other parent.

Whenever it comes to family relationships, my advice is to resolve the issue on the basis of dialogue and mutual compromise in the best interests of the child. In order for the negotiations to be successful, this should be entrusted to a family professional lawyers, the most specialized family law lawyer, to assist the parties in converging positions.

And only after all the possibilities for a peaceful and voluntary solution to the problem have been exhausted should the case be resorted to.

Child support case without marriage

In most cases, maintenance cases mainly concern children born out of wedlock. This is because a maintenance case is extremely rare in the course of the marriage, and in the case of a divorce the court is obliged to adjudicate on the issue of maintenance and in reality no other case is required.

Children born without marriage, have the same rights as those born in the marriage, and therefore entitled to alimony.

When should a maintenance case be brought?

It is not always the case that after two parents terminate an actual cohabitation, such a case is required. When both parents understand each other, do not call each other, and cover their child’s financial needs, litigation is superfluous, although in this case we personally advise the parties, given the volatility of human nature, to settle their situation after separation, at least out of court, in which they set clear boundaries on how their relationship will develop in the future.

If after separation, the other parent refuses to pay maintenance if he or she is able to do so and does not respond to attempts to resolve the issue peacefully and out of court, then without hesitation, the parent who actually took care of the minor child should bring the court with a claim for maintenance. 

Any delay, hesitation or excuse on the part of this parent not to institute proceedings is against the interests of his or her child and deprives him or her of financial resources for the upbringing and upbringing of the child.

What amount of maintenance can be claimed?

This is one of the most frequently asked questions. The answer can be given only after your lawyer becomes acquainted with all the facts and circumstances, namely, what are the needs of the child, what is the value of his / her monthly maintenance, are there any specific needs such as medicines, therapies, courses, etc. n., what is the approximate financial capacity of the defendant / usually the father / to provide alimony, and what evidence does the parent have for the expenses incurred to cover the child’s needs.

One can only say for sure what is the minimum amount of child support that cannot be sued in one case – it is 25% of the minimum wage for the country, which as of 01.01.2019 is BGN 560, which makes minimum amount of BGN 140 per month.

The maximum amount in a minor’s maintenance case will depend mainly on the child’s proven needs and, to a much lesser extent, on the parent’s ability to provide. Also important here are the income of the parent, where the child lives permanently, because contrary to the widespread opinion, he is also required by law to support his child and the amount of maintenance is divided between the mother and father in a certain proportion.

Past maintenance fees

A maintenance case usually takes a certain period of time from the actual separation to the filing of the claim in court.

 In order not to violate the rights of the child, it should be brought by the parent and a claim for maintenance for a past period, covering the moment from separation to the opening of the case.

However, this period may not be longer than one year, insofar as the law expressly provides that past due maintenance may be claimed for a maximum of 12 months before the date on which the application is filed. All the expenses from the previous period cannot be searched, which is the main reason why the case should not be delayed.

What is the cost of a maintenance case?

Maintenance cases are exempt from paying a state fee for their formation. The only cost is a lawyer’s fee according Tariff. These costs are awarded to the plaintiff if the claim is upheld in full and, therefore, it is important that, in determining the claim is well prepared in the light of the evidence available .

Bulgarian Property Lawyer

Selling your property in Bulgaria is not very easy, even if you have already find a buyer. That’s why you are in need of assistance. Look for a Bulgarian property lawyer!

If you have already bought a property in Bulgaria, you need to check up if this property had been registered in all the necessary authorities. And in the Municipality Office, too.

Our law firm works as a professional Bulgarian property lawyer, as well. We support many foreigners who want to sell your real estate property in Bulgaria.Bulgarian Property Lawyer

Usually, if you have a good property, is quite easy to find buyers in Bulgaria. As property lawyers in Bulgaria, we could help you finding a buyer and getting a good price for you.

It is very important to follow the legal advices of a property lawyer so that you will save money and precious time. Our experienced Bulgarian property lawyers will help you with the documents for the selling.

First Steps

Before you sell your property in Bulgaria, you should have all the documents necessary,as well as declarations needed for a sale – prepared in advance. We assume you will need  qualified property lawyers. This means, you need us.

Our property lawyers in Bulgaria are ready to assist you and protect your interests in selling your property in Bulgaria. You need just to call us or to send us an email. Then we will be ready to start the legal procedure.

Before starting every single deal, your lawyer is obliged to check for potential legal problems. He/she has to prepare all the documents necessary for the transfer of the ownership over this property. And so we do! We always check if there isn’t any property charges over your property you are trying to sell. For example, encumbrances, mortgages or pledges over your property by the Tax Office or by a third party.

Usually, when our buyer signs the preliminary contract, he/she needs to leave a deposit as a percentage of the sale price of the property in Bulgaria. When we help you finding a buyer, we require a simple power of attorney to represent you by conclusion of the preliminary contract for the purchase of the property with the buyers in Bulgaria.

Our qualified property lawyers will prepare the draft of Preliminary contract and will negotiate with the buyer concerning the transfer fees of your property.

After receiving the written confirmation for all necessary legal conditions, we sign the preliminary contract for purchase on your behalf. Then we send you a copy of it. We are obliged to find buyer/-s and sell your property correctly.

When all the Documents are ready…

When all of the documents and declarations are done, our lawyers start preparing the Notary Deed for transferring the ownership over your property. You can trust us – we are specialized in property sales of foreign clients in Bulgaria.

Each Bulgarian property lawyer will help you with the documentation and legal proceedings.

The next legal step to sell your property is to sign the Title Deed for the sale of your property. We will help you by representing you at the Notary Public in Bulgaria.

The last step to complete your sale is submit the declaration with your property into the Tax Office of your municipality.

Remove the old owner’s name of the property from the Tax Register, to avoid any legal problems.

We, as property lawyers in Bulgaria will highly recommend you using our legal services to complete all this legal issues & steps.

The mentioned property legal proceedings are just for your information, if you are trying to sell a real estate property in Bulgaria  Every single case has got its legal specifics & questions.

We strongly recommend you to use a property lawyer in Bulgaria for legal transactions, in order to save your time, money and worries. Call us now on  + 359 897 90 43 91