Lawyer Monthly - July 2022

& Familia ensure an active participation in international lawyers’ organisations, such as the International Academy of Family Lawyers (IAFL) and the Union Internationale des Avocats (UIA), that I just recently joined, which gives us an excellent basis both for experience sharing and network building. It may also be a challenge to effectively manage expectations. Sometimes clients want results based on their previous experiences in other jurisdictions that quite simply are impossible to replicate under the Portuguese jurisdiction. In fact, many Portuguese legal solutions are strikingly different from those prescribed by other European Union member states, let alone the US or UK – the different approach to the definition of parental responsibilities and spousal maintenance, as we have seen above, are but a few examples. Therefore, it is very important to thoroughly inform the clients of their rights under the Portuguese law in order to offer them a sense of security regarding the possible outcomes of their legal proceedings. It is also important to give them the space to seek counselling abroad and acquire a broad picture of their rights under different jurisdictions, so they may take action wherever they find the most convenient solution to their personal interests. In Portugal and all other EU member states, the Regulation (CE) no. 593/2008, also known as Rome I, recognises the parties’ freedom to choose the applicable law, even if it is not the law of a member state – a very important faculty to consider, for example, in marriage and divorce by mutual agreement cases. Parallel solutions may also apply in foreign countries, with different international private law systems. How many parental international child abduction cases do you handle each year? Being a relatively small country, the Portuguese Central Authorities register about 80 cases of international child abduction cases per year (divided into 40 children illegally retained in Portugal, and 40 children illegally taken abroad). Our office handles a significant part of these cases due to our vast experience in the area. Acknowledging our expertise, we are very proud to be recommended by different international charities devoted to help parents and other victims of international child abduction, such as Reunite International, MiKK eV (International Mediation Centre for Family Conflict and Child Abduction) and GlobalARRK. What do you find most rewarding about your role as a Family and Divorce Lawyer? Family and divorce law disputes will always pose difficult challenges to the parties involved, since these disputes relate to the core of their personal lives. Challenging as it may be, it is nevertheless very rewarding to help and advise people when they need it the most, as well as guaranteeing a fair outcome to the children involved. 47 JUL 2022 | WWW.LAWYER-MONTHLY.COM EXPERT INSIGHT

RkJQdWJsaXNoZXIy Mjk3Mzkz