The Hague Abduction Convention, Second Edition, provides a clear explanation of how the Hague Convention on the Civil Aspects of International Child Abduction works in the United States. Hague cases require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete understanding […]
Jeremy D. Morley The Uniform Child Abduction Prevention Act (“UCAPA”) has been adopted by 14 states and by the District of Columbia. The jurisdictions that have adopted the Act are Alabama, Colorado, District of Columbia, Florida, Kansas, Louisiana, Michigan, Mississippi, Nebraska, Nevada, New Mexico, Pennsylvania, South Dakota, Tennessee and Utah. In 2015 just one state, […]
By Jeremy D. Morley International family law is a loose term that describes any and all family law matters that have an international element. That element may be that a spouse, a spouse-to-be, or a child is a national or domiciliary of another country. Or it may be that the spouses are in a […]
The U.S. State Department has now issued its 2023 Action Report on International Child Abduction. The Republic of Korea has been declared by the State Department to be non-compliant with the Hague Abduction Convention. The State Department has reported to Congress that within the past year it has taken the following actions in this regard […]
Jeremy D. Morley Egypt has again been identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014. The State Department has reported, in its just-issued 2020 Annual Report on International Child Abduction, that: Egypt does not adhere to any protocols with respect […]
A Saudi news service reports that the Saudi Justice Minister plans to draft a law allowing female lawyers to try family law cases in court. Currently Saudi women are not allowed to enter courts alone. They need to be accompanied by a male guardian, not only if they are parties to a dispute but also if […]
Shiite woman call on council to revise custody laws BEIRUT: Nadine, 23, is allowed to see her young son for 24 hours once a week. It’s an injustice, she said, one she’s faced since a Shiite sheikh granted her and her ex-husband a divorce one year ago. “This is minus the 10 hours that he […]
Once a divorce case is settled, parties often experience “buyer’s or seller’s remorse’ but a just-decided New York case shows how tough it is to set aside a divorce settlement — even in an extreme case in which the value of an asset turns out to have been undervalued by many millions of dollars. In […]
The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013. The full article is available on the website of the Hague Conference on Private International Law. Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects […]
Friday, November 4, 2016 by Rosario Vignali New York’s appellate departments are now unified with respect to their interpretation of Article 10(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention). The issue of whether Article 10(a) of the Hague Convention permits service […]
Jeremy will speak in Paris at the Paris Bar Association on Tuesday morning, Sept. 20th, together with Delphine Eskenazi (Libra Avocats in Paris) and Sophie Rodrigues (French Ministry of Justice). The theme of the event is a Comparison of French and U.S. Practices concerning International Child Abduction: Details are at https://www.linkedin.com/pulse/enl%C3%A8vement-denfants-et-d%C3%A9placement-illicite-pratiques-eskenazi?trk=hb_ntf_MEGAPHONE_ARTICLE_POST La French-American Bar association (FABA) […]
This story shows inherent risks of “self-help” in “re-kidnapping” internationally-abducted children. See my articles on preventing child visits to Lebanon, Jordan, Egypt, other countries if parent anticipates non-return.
The U.S. State Department has published its 2009 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction: The Department continues to list only one country, Honduras, as being “Noncompliant” with the Convention. Its list of “Countries Demonstrating Patterns of Noncompliance” lists seven such countries as compared to nine in […]
Jeremy D. Morley There is great misunderstanding about the ability of a parent outside Japan to obtain access to a child in Japan through the Hague Abduction Convention. The Hague Convention contains only one provision (Article 21) concerning visitation. That Article states little more than that an application to make arrangements for organizing or securing […]
