The Monasky Case In Monasky v. Taglieri, 140 S. Ct. 719 (2020) the U.S. Supreme Court redefined “habitual residence” in Hague Abduction Convention cases to align with the international jurisprudence. U.S practitioners must now become familiar with the Court’s “totality-of-the-circumstances” test. The test has been in place in the European Union for at least a decade. The Court […]
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 seventh country listed as “Noncompliant” in the report, India: Country Summary: India does not adhere to any protocols […]
by Jeremy D. Morley Supervised visitation is sometimes the only effective way to prevent international child abduction, especially when a country does not have effective exit controls. For this reason, in a decision dated January 7, 2022, the Superior Court in Ontario, Canada (Pinto J.) has required that a father’s access to his child should […]
by Jeremy D. Morley Lebanon is, in my opinion, a proven safe haven for international parental child abduction. I testified to this effect last month in great detail in a case in Texas. My credentials include extensive research concerning Lebanese family law, consultations with numerous clients, and often with Lebanese counsel, concerning abductions and potential […]
A NEWLY RELEASED BOOK PUBLISHED BY BY THE AMERICAN BAR ASSOCIATION Every family lawyer should understand the workings of the Hague Convention on the Civil Aspects of International Child Abduction. Family law is becoming increasingly internationalized as the world is shrinking, international relationships are increasing and international travel is growing. Clients who fear that their […]
by Jeremy D Morley An amendment to Japan’s Civil Procedure Law enters into force on June 1, 2021, intended to promote enforcement of Japanese civil custody orders. Although the new law may be helpful it will provide no benefit to non-custodial parents seeking to enforce their visitation rights. Japanese law continues to provide that only […]
Delphine Eskenazi, admitted to the Paris and New York bars, LIBRA Avocats, Carmel Brown, Solicitor in England, Irwin Mitchell and Jeremy D. Morley, admitted to the New York bar, Law Firm of Jeremy D. Morley consider the new divorce by Mutual Consent in France and its wider implications for other countries. Since 1st January 2017, […]
Newspapers around the world have carried an article entitled “Japan, India pressed to curb child abductions” that calls attention to the fact that both countries violate human rights norms by failing to provide remedies for international child abduction. The articles describe the circumstances of several of my clients and state that, “Jeremy Morley, a New […]
Jeremy D. Morley The Osaka High Court has just issued a decision in a case under the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) that provides strong support for the claim that Japan does not comply with the terms of the treaty and that is, indeed, in violation of […]
Connecticut has passed “An Act Concerning the Relocation of Parents Having Custody of Minor Children,” to be effective October 1, 2006, that significantly changes the law of parental relocation in Connecticut. The Act is a result of the decision of the Connecticut Supreme Court in Ireland v. Ireland, 246 Conn. 413, 428, 717 A.2d 676 […]
by Jeremy D. Morley Abu Dhabi’s non-Muslim Personal Status Law (Abu Dhabi Law No 14/2021) allows non-Muslims to obtain a divorce in the Emirate by means of a civil procedure in a new court, the Abu Dhabi Civil Family Court, under a secular law that is separate from that which applies to UAE Muslim families. […]
by Jeremy D. Morley www.international-divorce.com The structure of the Hague Convention on the Civil Aspects of International Child Abduction requires a court in any case brought under the Convention to follow a step-by-step process in order to apply it logically and correctly. Those steps are as follows: 1. First, the court must determine when the […]
by Jeremy D. Morley From an expert report that I prepared recently – and that was submitted to a California court – on Brazil’s practices concerning international child abduction: “Congress requires the U.S. State Department to determine the compliance by U.S. treaty partners with the Convention. The State Department’s annual Compliance Reports are, in my […]
By MATTHEW M. BURKE AND KEISHI KOJA STARS AND STRIPES • October 19, 2022 https://www.stripes.com/theaters/asia_pacific/2022-10-19/japan-parental-child-abduction-hague-7740130.html In the 10 years since Donny Conway’s daughters Christina and Chihiro were taken by their Japanese mother to her home country without his consent, he has kept their bedroom in his California home filled with unopened Christmas presents, handwritten notes and reams […]
