fbpx

Posts

Child Abduction in Bulgaria

The last couple of years our law office has been visited from many family member who needs a legal support in child Abduction in Bulgaria

With the growing mobility of EU citizens in Bulgaria and the rise in international marriages and cohabitations, the risk of child abduction cases in Bulgaria has heightened.

Despite being a small European country, Bulgaria has seen an increase in such incidents due to its evolving demographics and international connections.

Child abduction, in this context, refers to the unauthorized relocation of a child by one parent, without the consent of the other parent or in violation of their established place of residence.

This act, when involving travel to a foreign country, is termed as international child abduction.

Such distressing situations inflict a significant emotional toll on both the child and the parent left behind, often resulting in trauma for the child.

In response to the challenges posed by international custody disputes, Bulgaria, as a signatory state, has entered into various international conventions.

These agreements delineate the processes for authorities and courts to expedite the return of the child to their rightful home.

Our law firm specializes in navigating the complexities of child abduction cases.

In these critical situations, our experienced team offers swift assistance, leveraging expertise in family law and immigration law.

We apply our comprehensive knowledge across relevant legal domains to effectively resolve your case, ensuring the protection of cross-border legal challenges.

Trust us to safeguard your rights and reunite families efficiently.

Safeguarding Families in Cross-Border Marriages

The removal of the child will be unauthorised if either parent did not agree or the removal is not approved by the court.Child abduction in Bulgaria

Although the words “child abduction” are used in this guide as a general term for the unauthorised removal of a child as described above.

If the unauthorised removal of own child is within the Bulgaria, it is not a criminal offence.

This does not mean that you do not have any options to have your child returned to you, but they will be different compared to if your child is removed from the BULGARIA.

It is a criminal offence for a parent or guardian of a child under the age of 16 to take or send that child out of the Bulgarian without the consent of everyone with parental responsibility for the child.

Our team of family lawyers act for parents whose children have been abducted and for parents who have removed their children without the necessary consent.

What is child abduction?

Child abduction is when a child is moved across an international border without the right consent in place. Child abduction can happen by:

In wrongful retention cases, it has usually been agreed that the child would travel, but isn’t returned home at the agreed time.

The other countries has more of a tradition in the field of international marital disputes.

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 were returned to their country of residence.

How long it will take will depend on the country concerned, the circumstances of the case and indeed whether the child can be traced.Child abduction case Bulgaria

The judges applied the return mechanism of the Child Abduction Convention in cases, where children were returned to the left-behind parent.

Legal support of case of 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.

If you appoint a child abduction lawyer the chances will be much higher then before.

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 the 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.

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.

Child Abduction procedure

Our experienced family law experts are well placed to help you in any of the following situations:

  • Your child has been taken from one part of the Bulgaria to another by the other parent without your consent
  • Your child is at risk of being – or already has been – taken overseas from the Bulgaria without your consent.

If your child is in Bulgaria, we can petition the courts on your behalf to have the child returned to your care.

We have decades of experience dealing with family law courts in Bulgaria, and will provide you with clear and detailed advice on your options.

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

Taking a child to another EU country without permission ?

Our law office is specialized in child abduction Proceedings in Bulgaria.

Our child abduction lawyers can help you if:

  • You believe the other parent or a member of the family might be planning to take your child abroad without your consentChild abduction in Bulgaria
  • Your child’s other parent or family member has already taken your child abroad without your consent
  • Your child has not been bought home after an agreed visit abroad
  • You have been accused of abducting your child or being threatened with child abduction proceedings

Services, we offer to the customors:

The procedure of legal support by Child abduction case Bulgaria

Our family law experts can also help if you:

  • Would like to arrange contact with your child who lives in another country and the other parent is not agreeable
  • Wish to relocate to another country with your child;
  • Have brought your child to Bulgaria from another country and the other parent objects.

Child abduction cases can be traumatic and often complex – especially when foreign laws must be considered. You need a team you can trust to work as quickly as possible to get the result you want.

For more help and advice, call us today on + 359 897 90 43 91 or  send us a mail office@lawyer-bulgaria.bg

How do EU rules help to prevent child abduction?

The court in the country where the child had his/her habitual residence before abduction will remain responsible for questions related to parental responsibility, such as custody and access rights, until the abduction case has been settled. This is to avoid parents abducting their child in the hope of getting a more favourable judgement before the court in their own country.

How can a parent get an abducted child back?

in all EU countries to assist parents who are victims of cross-border child abduction. It is possible to launch a procedure to return the child. In this case, the court needs to rule on the matter within six weeks from when the case reaches the court. The court should provide a child capable of forming his or her own views the opportunity to be heard during the proceedings.

Can the country where the child was abducted to refuse the return of the child ?

The court in the country where the child was abducted to can only object to the return of the child: if there was no wrongful removal or retention (Article 3 of the 1980 Hague Convention); if the left-behind parent was not actually exercising his/her rights of custody at the time of the abduction (Article 13(1)(a) of the 1980 Hague Convention); if there is a serious risk that the return would expose the child to physical or psychological harm (Article 13(1)(b) of the 1980 Hague Convention). However, the return cannot be prevented if adequate arrangements have been made to protect the child. If a court finds that the child should not be returned, it must contact the court in the country where the child was abducted from (Article 27(3) of the Brussels IIb Regulation).

Will the decision of the court be automatically enforceable?

The final ruling by the court in the country of origin is automatically recognised and enforceable in the other EU country without the need for a declaration of enforceability (“abolition of exequatur”), provided that the judge has issued a corresponding certificate provided for in the Brussels IIb Regulation

Domestic violence in Bulgaria

Domestic violence is a grave issue in Bulgaria, and the COVID-19 lockdown has exacerbated the situation.

During the pandemic, cases of domestic violence against women surged worldwide as lockdowns confined people to their homes, often trapping victims with their abusers.

In some European countries, incidents of domestic violence rose by a third, prompting urgent calls for action.

Bulgaria, unfortunately, experienced an increase in domestic violence cases during the first half of 2021 compared to previous years.

Disturbingly, eight women were killed by their partners since the start of the state of emergency on March 13, and hotlines for reporting violence and seeking assistance received a significantly higher number of calls.

Despite this alarming trend, the country faces challenges in addressing the issue effectively.

Here are some key observations and recommendations:

  1. Insufficient Shelters: The number and capacity of shelters in Bulgaria remain small. Victims need safe spaces, and declaring shelters as essential services is crucial
  2. Data Collection: Bulgaria lacks a systematic mechanism for collecting statistical data related to violence against women, femicide, or gender-related killings. Establishing a specific body to collect administrative data on intimate partner femicide and family-related femicide is essential.
  3. Marital Rape: The problem of marital rape remains unaddressed. Explicitly including provisions related to marital rape in the Criminal Code is necessary.
  4. Legal Remedies: Combatting domestic violence doesn’t always require contacting the police. Civil and family courts offer remedies that can provide protection without resorting to criminal proceedings1.

Remember that domestic abuse affects not only immediate spouses or partners but also other family members and household members. If you’re suffering from abuse or harassment, seek help—there are resources available to support you during these difficult times.

Domestic violence in Bulgaria

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.

…. the signs of domestic violence:

  • Physical abuse, such as hitting, kicking, or shoving
  • Sexual abuse, such as forced sex or unwanted touching
  • Emotional abuse, such as name-calling, insults, or threats
  • Financial abuse, such as controlling your finances or preventing you from working

If you are experiencing any of these signs, it is important to get help.

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.

Domestic Violence Protection Orders: What You Need to KnowDomestic violence in Bulgaria

Domestic violence protection orders (DVPOs) are court orders that can help to protect victims of domestic violence.

DVPOs can include a variety of provisions, such as prohibiting the abuser from contacting the victim, coming near the victim, or possessing firearms.

Here are some of the most common provisions of domestic violence in Bulgaria:

  • Removal of the abuser from the home. This provision can help to protect the victim from further abuse.
  • Prohibition of contact between the abuser and the victim. This provision can help to prevent the abuser from harassing or stalking the victim.
  • Restrictions on the abuser’s travel. This provision can help to prevent the abuser from coming near the victim’s home, workplace, or other places where the victim frequents.
  • Orders for the abuser to attend counseling or anger management classes. These orders can help to address the abuser’s underlying issues and prevent future violence.
  • Orders for the abuser to pay child support or alimony. These orders can help to ensure that the victim and any children are financially supported.

If you are a victim of domestic violence, you may be eligible for a DVPO.

To obtain a DVPO, you will need to file a petition with the court.

The petition will need to include information about the abuse you have experienced, such as the type of abuse, the frequency of the abuse, and the names of any witnesses.

The court will review your petition and hold a hearing.Domestic violence in Bulgaria

At the hearing, you will have the opportunity to testify about the abuse you have experienced. The abuser will also have the opportunity to testify.

If the court finds that you have been a victim of domestic violence, it will issue a DVPO.

The DVPO will be in effect for a specified period of time, such as one year.

The abuser will be required to obey the terms of the DVPO.

If the abuser violates the DVPO, you can file a contempt of court action.

If the abuser is found in contempt of court, they could be fined or imprisoned.

DVPOs can provide valuable protection to victims of domestic violence.

If you are a victim of domestic violence, I encourage you to contact the court to see if you are eligible for a DVPO.

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.

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 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

The parents 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.

What we offer as a family lawyer ?

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.

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.

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, in a situation, you needa divorce Lawyer in Bulgaria.

Marriage is commonly perceived as an essential legal institution in various societies, but all systems of marriage need also to deal with the dissolution of marriages. The common mechanism for this is divorce.

In the globalised world of today, marriages with an international element, usually in the form of couples with different nationalities and/or living in a foreign country, are becoming frequent, which poses challenges of its own.

In this section, we only deal with so-called cross-border divorces.

Divorces of purely domestic nature (between Bulgarians living in Bulgaria who have seised the local court) are governed entirely by Bulgarian national law.

Bulgarian law offers two main routes to divorce:Divorce Lawyer in Bulgaria

A/ Divorce by mutual consent of the married spouses or

W/ Divorce by means of a claim on the basis of what may be termed “irretrievable breakdown”

Furthermore, we deal here only with the dissolution of valid marriages. The dissolution of invalid marriages, i.e. annulment, is outside of our note’s scope.

Unlike many other jurisdictions in Europe, Bulgaria does not currently recognise same-sex marriages except as regards same-sex couples validly married in other EU jurisdictions.

In practice, this may result in a possible full recognition in practice, but only in situations where EU law is engaged.

Nevertheless, same-sex marriages and the availability and recognition of divorce in same-sex marriages are outside of the note’s scope.

Finally, we also do not cover here the dissolution of religious (e.g., church) marriages in Bulgaria, nor the recognition of marriage dissolutions of any kind which occurred abroad.

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 Family code.

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 appoint a good divorce lawyer ?

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

To approach the issue, requires to appoint the divorce lawyer to get acquainted with your problem in detail.

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

How long do divorces take?

Each spouse may seek divorce when the marriage is deeply and irreparably damaged.

The claimant must exhaustively identify all grounds for the divorce, in accordance with s 322(1) Family Code.

Grounds of which the claimant was aware or that occurred before the end of the hearing, may not be relied on to base a new claim.

Jurisdiction is conferred to the court local to the respondent’s permanent address in Bulgaria.Divorce Lawyer in Bulgaria

Upon the request of a party, the court may make interim order as to: financial support, the use of the family home and the assets acquired during the marriage, care of the children and financial support for them.

These interim orders are not subject to appeal, but the court may amend them from time to time, e.g. in accordance with changes in the circumstances of the children.

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.

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. 

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 the divorce in the court forward the documents to the opposite site.

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.

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 .

Not found