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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.

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:

Wrongful Removal – when a child is removed from a country without the right permission
Wrongful Retention – where a child is kept in another country in breach of an agreement or without consent.

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.

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 consent
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:

Child abduction, Kidnapping of children;
International Parental Child Abduction cases,
Child Abduction in Bulgaria,
Legal proceedings in Bulgaria for the child custody cases
Legal proceedings in Hague Abduction Convention in Bulgaria,
Child abduction case Bulgaria;
Parental responsibility – child custody and contact rights;
EU cross-border parental child abduction

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

February 28, 2021/by lawyer

Legal advices, News, Personal

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:

Insufficient Shelters: The number and capacity of shelters in Bulgaria remain small. Victims need safe spaces, and declaring shelters as essential services is crucial
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.
Marital Rape: The problem of marital rape remains unaddressed. Explicitly including provisions related to marital rape in the Criminal Code is necessary.
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 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 Know

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.

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.

October 30, 2020/by lawyer

Legal advices, News, Personal

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 ?

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.

Finding a good attorney may be the most important step you can take toward winning a legal case and it doesn’t have to be a difficult task.

You will, however, need to take your time with the search.

Focus your efforts on finding a lawyer that has dealt with your specific legal issue in the past and that you get along with personally.

Taking the time to find the right lawyer will be worth it, as they are more likely to help you win your case.

Finding 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 resources

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.

Determine what type of attorney you need.

It is always preferable to locate an attorney who has specialized expertise in the practice area that your case involves (e.g., malpractice law, bankruptcy law, etc.).

It’s also a good idea to find attorney familiar with the courts and laws of the area where you live. This will enable your attorney to best represent your interests.

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

June 17, 2020/by lawyer

Legal advices, News, Uncategorized

Child Custody law

Most of the parents send us a legal inquiries for 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

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 signed or judicially approved to regulate the relationship as between parents and their child.

Another reason is the development of these relationships

We talk about the results of escalation of tension and deterioration of communication.

How a Divorce Lawyer could help

When facing issues related to parental rights, even if the relationship has become strained, the most effective solution is to consult with a lawyer specializing in parental rights.

This allows for a strategic approach, often leading to a negotiated settlement that benefits all parties involved, especially the children.

Legal support Child Custody law

1. Legal Advice and Case Evaluation

After reviewing the specifics of your case, a skilled divorce lawyer will provide a detailed evaluation of your chances of success.

They will guide you on the best legal strategies to adopt for your situation, helping you make informed decisions.

2.Preparation of legal claim and gathering evidences

A qualified lawyer will offer you expert tips on how to present your claims effectively.

They assist with gathering necessary documents, preparing witnesses

3.Filing Legal Documents and Court Representation

Your lawyer will draft and file the necessary legal documents, ensuring that your case is presented in the strongest possible way.

They will represent you in court, advocating for your parental rights and ensuring your claims are clearly understood by the judge.

4.Enforcement and Interpretation of the Judgment

Once the court has delivered its judgment, your lawyer will guide you on how to enforce the decision.

5.Appeal Representation

If necessary, your lawyer will represent your interests in an appeal court

He will ensuring that any unfavorable decisions are challenged and that your parental rights are upheld in higher courts.

Maximizing your efforts in legal issue

We advise bringing joint claims for parental rights, personal relations with the father, and child maintenance in one comprehensive legal action.

This approach will not increase the costs but will allow you to address all aspects of your parent-child relationship in a single legal process.

Choosing the Right Lawyer

Your parental rights case is crucial to both your and your child’s future.

Trusting this important matter to an inexperienced lawyer can lead to unfavorable outcomes.

That’s why it’s essential to choose a lawyer with the necessary experience and knowledge in family law.

By contacting us for your parental rights case, you will receive expert legal services from highly experienced family law attorneys.

We don’t take a one-size-fits-all approach but instead, tailor our strategy to the specifics of your case to ensure the best possible outcome.

If you are facing legal issues regarding child custody, don’t hesitate to contact us. Schedule a consultation today and get the legal guidance you need.

March 25, 2020/by lawyer

Legal advices, News, Personal

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:

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.

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.

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.

November 6, 2019/by lawyer

Posts

Child Abduction in Bulgaria

Safeguarding Families in Cross-Border Marriages

What is child abduction?

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

Legal support of case of abduction

Child Abduction procedure

Taking a child to another EU country without permission ?

Our child abduction lawyers can help you if:

Services, we offer to the customors:

The procedure of legal support by Child abduction case Bulgaria

How do EU rules help to prevent child abduction?

How can a parent get an abducted child back?

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

Will the decision of the court be automatically enforceable?

Domestic violence in Bulgaria

Here are some key observations and recommendations:

…. the signs of domestic violence:

Legal protection in domestic violence

What is domestic violence ?

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

How to find a good lawyer Bulgaria ?

Finding a good lawyer in Bulgaria ?

• By recommendation of friends or Internet users

Determine what type of attorney you need.

Child Custody law

What we offer as a family lawyer ?

How a Divorce Lawyer could help

Legal support Child Custody law

3.Filing Legal Documents and Court Representation

5.Appeal Representation

Maximizing your efforts in legal issue

Choosing the Right Lawyer

Divorce Lawyer in Bulgaria

THE REASONS FOR DIVORCE ?

How to appoint a good divorce lawyer ?

How long do divorces take?

The simple divorce will take up to 3-5 months.

DIVORCE PROCEDURE IN BULGARIA ?

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

Who will take care of child after divorce in Bulgaria ?

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

Any more questions? Call us on + 359 897 90 43 91 !

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