Description

The custody case of two Japanese kids of a Bangladeshi father and a Japanese mother has been in the news for a while. While custody battle between parents often makes it to the news, this particular incident had something exceptional–the involvement of nationals of more than one country. Such matters usually fall within the scope of Private International Law–the branch of law that deals with resolving legal disputes where parties, transactions, or events have connections to multiple countries. The importance of Private International Law has increased due to the prevalence of immigration and cross-border transactions. But, this branch of law has not seen notable growth in Bangladesh. Except for some isolated disputes, the legal system of Bangladesh had hardly faced issues involving elements of Private International Law. However, the incident surrounding the two Japanese kids indicates that we may encounter more similar cases in the future due to the increase in cross-border marriages. As such, we must look into the findings and observations of the Appellate Division in this incident concerning the issues of private international law. Being a decision of the apex court of the country, in the future, the courts may turn to this decision for guidance to resolve legal disputes involving issues of private international law.

Keywords: Custody, Private International Law, Best Interests of the Child, Most Substantial and Real Connection Test.