I was recently interviewed in connection with the below article, set to be published in the latest edition of the Economist: Kate Baggott and her two children live in a tiny converted attic in a village near Frankfurt. Ms Baggott, who is Canadian, has a temporary residence permit and cannot work or receive benefits. The […]
Does the U.S. comply with the Hague Abduction Convention? By Jeremy Morley The United States Congress has instructed the U.S. Secretary of State to issue annual reports evaluating the compliance by other countries of their obligations under the Hague Abduction Convention. Valuable efforts are under way that seek to expand such oversight by agencies of […]
The below article was recently published in the May 2016 issue of AJ Famille, a monthly publication featuring articles on all aspects of Family Law, with a French focus: The Hague Abduction Convention in the United States Jeremy D. Morley* The Hague Convention on the Civil Aspects of International Child Abduction is a remarkably successful […]
by Jeremy D. Morley* Which law governs a prenuptial agreement in a U.S. court? That simple and critically important question unfortunately has no simple answer. Is it the law selected by the parties? The law of the forum? The law of the place where the agreement was negotiated and/or executed? The law of the place […]
The Second Edition of my book, The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers, has just been released. Read below for some info about the book, and follow the link at the bottom of this post to purchase the Second Edition. Author(s): Jeremy Morley Sponsor(s): Section of Family Law Co-Sponsor(s): Section of […]
We have just read the appeal judgment of the Appeals Chamber of the Special Court for Sierra Leone in a case entitled Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu http://www.sc-sl.org/AFRC.html For international family lawyers the judgment is significant in that the court ruled that forced marriage constitutes a crime against […]
It is our personal experience handling international child abduction cases in Germany (with local counsel) that serious problems apply with respect to the prosecution and satisfactory resolution of Hague Child Abduction Convention applications in Germany. The situation is so serious that we have written a letter to Secretary of State of State Condoleezza Rice and […]
Today’s (London) Times contains an opinion article from the paper’s former editor, William Rees-Mogg, attacking the English divorce system. The article, entitled “Divorced from the realities,” reflects a rising tide of anger in England that the English divorce laws, as they have been changed drastically but badly by the English judiciary in the past five […]
By PETER J. SAMPSON http://www.northjersey.com/news/court-hands-win-loss-to-hackensack-law-firm-hasbrouck-heights-dad-seeking-girl-s-return-from-spain-1.857685 An appeals court has reversed a $424,000 award to the daughter of a Hasbrouck Heights man who sued a Hackensack law firm, claiming its release of her passport allowed the girl to be kidnapped to Spain by her mother in a bitter matrimonial split. At the same time, the state […]
The U.S. Supreme Court has today, in Lozano v. Montoya Alvarez, upheld the Second Circuit ruling that the one year period in the “one year and settled” exception to the Hague Abduction Convention is not subject to equitable tolling. The decision is not surprising since that is what the treaty provides and the American equitable […]
The Uniform Child Abduction Prevention Act – which includes some specific provisions designed to prevent international child abduction – was signed into law in Kansas on April 6, 2007. Kansas is the fourth state to enact it, along with Nevada, Nebraska and South Dakota. Bills to adopt the new law have been introduced in at […]
A recently-decided case in Massachusetts sheds light on the growing problem of international couples and competing divorce jurisdictions. Qiuyue Shao v. Yue Ma. It also illustrates a serious problem that exists with Section 105 of the Uniform Child Custody Jurisdiction and Enforcement Act. Chinese-born married parents – characterized by the appellate court as “unusually mobile,” […]
Jeremy D. Morley Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament). The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly […]
By Jeremy Morley This week the Abbott case – the only Hague abduction case ever to get the U.S. Supreme Court — was finally dismissed, but only because the child turned 16 and the Hague Convention applies only to children under that age. The case is known for the fact that U.S. courts finally accepted […]
