The Ninth Circuit has rendered an important decision on the Hague Convention on the Civil Aspects of International Child Abduction. Mendoza v. Miranda, (March 18, 2009). Article 12 of the Convention provides an affirmative defense to a Hague return application if the abducting parent can show that the petition for return was filed more than […]
Argentina has been declared “Not Compliant” with the Hague Abduction Convention in the U.S. State Department’s latest annual report on compliance with the Convention. In the previous year it was merely listed as a country having “enforcement concerns.” Indeed the State Department reports that, it “is not aware of any successfully enforced order for return […]
Jeremy D. Morley The U.K. Supreme Court has just issued an extremely important opinion concerning the grave risk of harm exception in a Hague abduction case. In the Matter of S (a Child) [2012] UKSC 10. The ruling is surprising in at least three respects. The first is that the Supreme Court bluntly castigated another […]
Vancouver court gets serious Woman accused of abducting her children to France is denied bail at 19:22 on May 11, 2006, EST. http://www.940news.com/nouvelles.php?cat=23&id=511119 VANCOUVER (CP) – A woman accused of abducting her two children and hiding out in France has been denied bail and ordered to stay in prison while she is pregnant. Nathalie Gettliffe-Grant […]
This map, prepared by the U.K.’s Foreign & Commonwealth Office, shows those non-Hague countries with the highest numbers of new British child abduction cases. The countries are Pakistan, India, Russia, N. Cyprus, Nigeria, Malaysia, Thailand, the Phillippines, Ghana and the UAE.
Lalit K. Jha, Press Trust of India | Posted: Monday, March 30, 2015 3:00 pm Washington, D.C. — Around 60 Indian American parents have asked the U.S. government and Congress to consider imposing sanctions on India, alleging that they have “not been able to get justice” from the Indian system in reuniting with their kids who […]
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 for Pakistan: Country Summary: During 2016, Pakistan did not adhere to any protocols with respect to international parental child abduction. […]
Jeremy D. Morley It has been reported that on 30 June 2017, “for the first time in history,” a Chinese court recognized and enforced a U.S. commercial monetary judgment. Dr. Jie (Jeanne) Huang, Chinese Court Unprecedentedly Recognized and Enforced a U.S. Commercial Monetary Judgment. The case is Liu Li v. Tao Li and Tong Wu decided by […]
Jeremy D. Morley* The Hong Kong Court of Final Appeal has issued an important ruling in a case concerning the potential impact of antenuptial and separation agreements in Hong Kong. SPH v. SA (formerly known as SA) [2014] HKCFA 56 (9 June 2014).Such agreements were once considered at common law to be contrary to public […]
The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers by Jeremy D. Morley 404 pp.; $149 ABA Publishing, 2012 321 N. Clark St., Chicago, IL 60610-4714 (800) 285-2221; www.ababooks.org Reviewed by Stephen A. Braunlich Stephen A. Braunlich is a U.S. Air Force Judge Advocate stationed at Malmstrom Air Force Base in Montana, where […]
Britain’s top family judge has been asked to cancel 180 divorces after being told the UK courts have been exploited in a massive “fraud” by Italians seeking a quick end to their marriages. The couples from the devoutly Catholic country have assumed fake British residency in order to use the UK justice system to split […]
The Supreme Court of the State of Alaska has just upheld an order authorizing a father to take the parties 10 year old child to Micronesia even though that country that is not a signatory to the Hague Convention on International Child Abduction (Moore v. Moore 2015 WL 3452474 Alaska). The lower […]
International family law is expanding as people travel more and spend time with people from different countries. International personal relationships produce an abundance of conflict and litigation. It is hard enough for people to live together when they share a similar background, but it is far harder when they are from different countries, cultures, religions, […]
By Jeremy Morley* One might think that the dangers of marrying Saudi nationals and living in Saudi Arabia would by now have been sufficiently well publicized as to cause Western nationals, especially Western women, to steer clear of living in Saudi Arabia with a Saudi spouse. Unfortunately many still fail to heed the warnings and […]
