Jeremy D. Morley Nature and Purpose of the Registry The Korean Family Registry is governed by Korea’s “Act on the Registration etc. of Family Relationships.” The purpose of the Act is defined in Article 1 as “to prescribe matters concerning the registration of establishment and changes in family relations such as the birth, marriage, death, […]
The European Union proposed scheme for harmonized divorce rules for international couples is moving forward, though without Irish participation. The EU’s Legal Affairs Committee has unanimously backed the proposal and has recommended that the full Parliament should authorize the twelve Member States that have so far agreed to the plan to start to implement it. […]
Introduction The best way to handle international child abduction is to prevent it before it occurs, although that is often far easier said than done. International child abduction has become increasingly prevalent as greater international mobility has spawned a concomitant increase in international personal relationships. Most abductions are committed by a family member, usually by […]
The chief justice of the Cayman Islands, Mr Justice Smellie, has launched a staunch defence of trusts and has railed against what he described as the “entirely misguided” criticism of offshore trusts by onshore authorities. So reports legalweek.com. This fuels expectations that there will be an unprecedented stand-off between offshore and onshore judges over the […]
Ten European countries are about to proceed with divorce law rules that will clarify which law applies to international marriages. The new rules will apply to Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain. The rules will apply when one spouse of a divorcing couple has a connection with one of the […]
Jeremy D. Morley I am pleased that the Appellate Division of the State of New York, Second Department, today affirmed, in my client’s favor, an order of the Family Court, Westchester County dismissing a child custody petition for lack of subject matter jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. The case […]
by Jeremy D. Morley China – Family Law In China, marital property is theoretically required to be divided equally between the spouses upon a divorce. But without an enforceable obligation to make full disclosure of assets, there has inevitably been a yawning gap between theory and practice. Until recently, no such obligation to disclose assets […]
The U.S. State Department has just issued its 2017 Annual Report on International Parental Child Abduction under the International Child Abduction Prevention and Return Act (ICAPRA). The following is the Country Summary and related information from the twelfth country listed as “Noncompliant” in the report, Romania: Country Summary: The United States and Romania have been […]
Jeremy D. Morley* Determining the child’s “habitual residence” is a threshold issue in any case brought pursuant to the Hague Convention. It is often outcome-determinative because, if the court concludes that the country from which the child was removed was not the country of the child’s habitual residence, the Convention will not apply and the […]
This article from ABC News is based in part on an interview with me. Notwithstanding the information in the article, there are some things that can be done in case of child abduction to Japan, though rarely using the Japanese “system.” Kaya Wong’s parents never imagined they would be able to have a baby. Born […]
Jeremy D. Morley An appeal court in New York has issued an important ruling on the issue of whether a woman who relocates to another state while she is pregnant is barred from having a future custody case being heard in the new location. The Appellate Division, First Department of New York’s Supreme Court rejected […]
The U.S. State Department has just issued its 2017 Annual Report on International Parental Child Abduction under the International Child Abduction Prevention and Return Act (ICAPRA). The following is the Country Summary and related information from the fifth country listed as “Noncompliant” in the report, Ecuador: Country Summary: The United States and Ecuador have been […]
By Jeremy D. Morley Iran’s parliament has passed legislation this week that expressly authorizes “temporary marriages” and requires their registration only in limited circumstances, primarily if the woman becomes pregnant. The law allows men to have as many sexual partners as they want, sanctioned by sharia law under the term “temporary marriage”. Sex outside marriage […]
Jeremy D. Morley A key role of the international family lawyer is to review the ““big picture”” of an actual or proposed family law case that has an international component. In most such cases the international family lawyer will work with local lawyers in the various jurisdictions. While the international family lawyer will contribute […]
