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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 […]
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Jeremy D. Morley A newly-reported ruling of the English High Court on prenuptial agreements demonstrates (a) the sharp division between the law in France concerning marriage contracts and the law in England; (b) the need to appropriately forum shop when strategizing a potential divorce; and (c) the continuing strong paternalism of the English judiciary in […]
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A new article on Korean Family Law has been added to my website at international-divorce.com. This article discusses the legal grounds for a divorce in Korea, the statutes that govern financial issues in Korean divorce cases, and how Korean courts handle “choice of law” issues in these cases. The article also focuses on Korean recognition of […]
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Argentina is a party to the Hague Abduction Convention but it has been repeatedly 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 2020 Annual Report on International Child Abduction, that: “In 2019, Argentina continued […]
The Royal Court in Jersey, Channel Islands has issued a key ruling in favor of a wealthy Indian jewelry magnate with substantial assets in offshore trusts, in a case known as Mubarak v Mubarak. The Court ruled that assets held in offshore trusts could be released to ex-spouses only if the trustees had the power […]
There is quite a furious debate under way in Malaysia over new family legislation on polygamy and divorce. Women’s groups are claiming that the new law will make it easier for men to take multiple wives and to claim property after divorce.The new law will apparently allow a husband to obtain an injunction preventing the […]
Reviewing Australia’s Family Law Amendment (Shared Parental Responsibility) Act 2006 leads to great concern that international (and domestic) relocation cases in Australia might become extremely difficult to win. The Act creates a presumption that it is in a child’s best interests for each parent to have equal shared parental responsibility. It requires the presumption to […]
By: Jane Kitagawa | Jan 23, 2014 It sounds like something out of a John Grisham novel—but it’s not. “The gentleman was here on a holiday in January 2013 with his family,” explains Bruce Gherbetti, deputy chairman of Kizuna Child-Parent Reunion, discussing the case of a Canadian man who had reached out to their organization […]
Jeremy D. Morley A vigorous dispute that affects non-resident Indians throughout the world is playing out within the Supreme Court of India itself about a notorious provision in India’s Penal Law. Section 498A of the Indian Penal Code was enacted in 1983 to protect abused wives. It makes it criminal for a husband and […]
The American Bar Association’s Section of International Law will hold its “Fall Meeting” at the Grosvenor House Hotel, Park Lane, London, England from October 3 – 6, 2007. A session entitled “International Family Law for the Globetrotting Executive” will be held on Thursday, October 4, 2007 from 4:00pm to 5:30pm chaired by Jeremy D. Morley, […]
We are very pleased that, working with local counsel Jean-Paul Gallelli, we have secured the return of our client’s child from California to Brazil under the Hague Abduction Convention, pursuant to a successful application to the Superior Court in Los Angeles.
Jeremy D. Morley Common law marriages are alive and well in Israel. They are increasingly popular as a means of circumventing the religious monopoly on civil marriage in that country. The religious control over civil marriage in Israel, and the accompanying restrictions imposed by the ultra-orthodox rabbinate and other religious authorities, is a key factor […]
Country Summary: Jordan does not adhere to any protocols with respect to international parental child abduction. In 2006, the United States and Jordan signed a Memorandum of Understanding to encourage voluntary resolution of abduction cases and facilitate consular access to abducted children. In 2018, Jordan demonstrated a pattern of noncompliance. Specifically, the competent authorities in […]
Country Summary: The Convention has been in force between the United States and Ecuador since 1992. In 2017, Ecuador demonstrated a pattern of noncompliance. Specifically, Ecuador’s judicial branch and law enforcement authorities regularly failed to implement and comply with the provisions of the Convention. As a result of this failure, 13 percent (one case involving […]
