Legal Question in Family Law in Lebanon

Dear Sir,

By way of introduction, we Fakhry Law Firm are an international law firm based in Lebanon specialized in international divorces and families issues.

We understand from your bellow, that you are a Lebanese national married to a UK citizen lady as per the civil laws of Cyprus. You have a 7 months baby and are residing in Lebanon.

Recently, your wife moved to the UK with the baby, and decided not to return. More over you do not have the UK residency.

You are seeking for an advise with regard to a potential divorce and the custody and guardianship of the baby.

With this regard, please be advise as follows:

1- Since you are a Lebanese national and residing in Lebanon. The Lebanese Courts will have jurisdiction to rule on this case. The UK courts have also jurisdiction since your wife is a UK citizen and is now residing in the UK. It is in your interest to start a case in Lebanon first in order to plead the international lis pendens should the case arise, meaning to plead in front of the UK courts that the case was first raised in Lebanon.

2- The Lebanese Courts will apply the Cyprian law. They will examine if the facts of the case lead to a divorce, and in such case, rule who will have the right to claim for damages.

3- As for your baby, you will have to differentiate between: a- Who will have his guardianship (الحضانة), meaning with who he will be residing. b- Who will have his custody (الوصاية), meaning who will decide on his education, schools, etc? d- Who will be his trustee (القيم), meaning who will manage his patrimony, supposing that he has an inheritance.

The Court will decide with the best of the baby's interest on these points.

4- In all cases, both parents will have the right of visit and accompaniment of the baby. However, since the case has an international wingspan, things might be complicated and delicate at this level.

For any further information, please feel free to email us on the following email: [email protected]

Kind Regards