Extract from Committee stage (Lords) of the Private International Law (Implementation of Agreements) Bill - June 3
Thursday, 4 June 2020 08:22
Lord Bhatia (Non-Afl):...These issues become very important when
the marriage has taken place in a religious ceremony in a foreign
country and one of the spouses is not British and the other is
British by nationality. Often the non-British spouse gets the
children and goes back to their country of birth. Here I refer to
the sub-continent countries such as India and Pakistan.
The spouse who is British and lives in the UK finds it difficult to
fight a legal battle over the custody of...Request free trial
(Non-Afl):...These issues
become very important when the marriage has taken place in a
religious ceremony in a foreign country and one of the spouses is
not British and the other is British by nationality. Often the
non-British spouse gets the children and goes back to their country
of birth. Here I refer to the sub-continent countries such
as India and Pakistan. The spouse who is
British and lives in the UK finds it difficult to fight a legal
battle over the custody of the children when the other spouse is
in India or Pakistan. The issue is further
compounded because the cost of litigation is high and the British
spouse cannot afford it. The other issue is that the legal
processes in these countries can take many years to go before a
judge because of the calendar of the courts, which have to deal
with many cases each day. In many cases the British Embassy tries
to lend assistance, but there is a limit to how much it can
help...
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