Law

By PETER J. SAMPSON http://www.northjersey.com/news/court-hands-win-loss-to-hackensack-law-firm-hasbrouck-heights-dad-seeking-girl-s-return-from-spain-1.857685 An appeals court has reversed a $424,000 award to the daughter of a Hasbrouck Heights man who sued a Hackensack law firm, claiming its release of her passport allowed the girl to be kidnapped to Spain by her mother in a bitter matrimonial split. At the same time, the state […]

Country Summary:  China does not adhere to any protocols with respect to international parental child abduction. In 2017, China demonstrated a pattern of noncompliance. Specifically, the competent authorities in China persistently failed to work with the Department to resolve abduction cases. As a result of this failure, 75 percent (three cases involving three children) of […]

Our client, Moses Garcia, eventually succeeded in securing the return of his daughter to Wisconsin from Japan. He did so despite the rulings of Japanese courts that they would not implement the custody orders of the Wisconsin courts, where the child was living prior to her abduction. The child’s belated return, four years after the […]

Country Summary:                                                                                                The Convention has been in force […]

The English High Court has clarified one aspect of service of English proceedings in Russia under the Hague Convention. The English Courts remain an attractive venue for Russian related litigation. A claimant wishing to serve proceedings on a Russian based defendant will invariably need permission from the English Court and several recent cases have clarified […]

We are pleased to announce the launch of www.internationalprenuptials.com, our website focused on international prenuptial agreements.   The explosion of international relationships creates a tremendous need for sophisticated international counsel to structure international prenuptial agreements.  We work collaboratively and collegially with lawyers around the world to structure prenuptial agreements for engaged couples with international connections.   The […]

The U.S. State Department has now issued its 2023 Action Report on International Child Abduction. Brazil has by far the worst record of all of the countries in the world of having been declared by the State Department to be noncompliant with the Hague Abduction Convention for each and every year for the past seventeen […]

The citation for the recent Arizona appeal case which accepted me as an expert witness on the laws and practices of Kuwait as to child custody in international matters, and relied on my expert testimony about Kuwaiti law, is Lehn v. Al-Thanayyan, 438 P.3d 646 (Ariz. App. 2019). 

In many cases, parents abduct their own children when marriages fail and return home where local laws protect them. In some cases the abducted children never see the other parent again.Child abduction is one of a parent’s worst fears, and for a growing number of parents around the world, this fear is being realized and […]

Jeremy D. Morley Forbes calls London the Top Destination for International Divorces. What they mean, of course, is that it’s often the best place for someone divorcing a wealthy spouse to bring their case. It can be the worst destination for the wealthy spouse. What Forbes doesn’t say is that the second-place in the Divorce […]

From: Family Law Week Convention strengthens the authority of child’s habitual residence The Hague Convention 1996 on the International Protection of Children comes into force in the UK from 1 November 2012. The Convention has uniform rules determining which country’s authorities are competent to take the necessary measures of protection. These rules, which avoid the […]

Jeremy Morley The European Court of Human Rights has determined, in the case of the abduction of three children from their habitual residence in Maryland to Slovakia, that the Slovakian legal system failed to protect the left-behind father’s rights and that Slovakia failed to comply with the obligation of our treaty partners to return abducted […]

Announcing: The Third Edition of The Hague Abduction by Jeremy D. Morley will soon be published by the American Bar Association. The Third Edition has been completely updated to reflect recent case law, especially concerning the key elements of habitual residence and grave risk of harm. The book includes a chapter on International Relocation and Travel. 

1.      Although the Philippines has acceded to the Hague Abduction Convention, the Convention is not in force between the United States and the Philippines because the United States has not accepted the Philippines’ accession. Articles 38 and 39 of the Convention provide that the treaty will not enter into force between an existing Contracting State […]