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 Colombia: Country Summary: The United States and Colombia have been partners under the Hague Abduction Convention since 1996. Colombia […]
by Jeremy D. Morley A Florida appeal court has sensibly overturned a lower court’s decision that had allowed the visit of two children to Jamaica to see their father conditioned primarily on his filing a $50,000 bond. The father had been deported to Jamaica upon convictions for battery on the mother and had repeatedly threatened […]
Jeremy D. Morley In June 2021, the Deputy Chief of Mission at U.S. Embassy Brasilia delivered a formal diplomatic protest known as a “demarche” to the Brazilian Ministry of Foreign Affairs, notifying Brazilian officials that the Department again cited Brazil in the 2021 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance […]
It is often stated that a husband’s promise to pay money, sometimes called a “mahr” or a “sadaq”, pursuant to an Islamic marriage contract, sometimes called a “nikkah nama”, is enforceable in a U.S. court under principles of regular contract law, even though such agreements are not enforceable as prenuptial agreements. What arguments may be […]
Korea has been cited by the U.S. State Department as “noncompliant” with its obligations under the Hague Abduction Convention, and the U.S. Special Advisor for Children’s Issues in the State Department’s Bureau of Consular Affairs met with Korea’s Ministry of Justice today, December 7, 2022, to address the problem. In July 2022, the U.S. Embassy […]
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 second country listed as “Noncompliant” in the report, the Bahamas: Country Summary: The United States and The Bahamas […]
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 […]
by Jeremy D. Morley www.international-divorce.com International people who plan to marry should always consider entering into a prenuptial agreement drafted by experienced international family law counsel. While there are many benefits of prenuptial agreements for conventional marriages, the benefits may be far greater for international people. A key benefit for international people is that a prenuptial agreement […]
Jeremy D. Morley A few cases have been initiated in Japan under the Hague Abduction Convention. Unfortunately decisions in Hague cases in Japan are not being officially reported, are private and are not accessible. There have been newspapers reports about two cases of voluntary returns from Japan — one to Germany and one to Canada […]
Country Summary: The Convention has been in force between the United States and Peru since 2007. In 2018, Peru demonstrated a pattern of noncompliance. Specifically, the Peruvian Central Authority and judicial authorities persistently failed to implement and abide by the provisions of the Convention. As a result of this failure, 50 percent of requests for the return of […]
Jeremy D. Morley The recent decision of the Supreme Court of Japan, in the Hague Abduction Convention case between James Cook and Hitomi Arimitsu – which upheld the Osaka High Court’s revocation of its prior order that four children wrongfully retained in Japan should be returned to their habitual residence in the United States – […]
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 […]
Jeremy D. Morley An Australian court has ordered the Russian mother of an Australian child may take the child for annual visits to Russia despite the objections of the Australian father who asserted that although the Federation of Russia is a state party to the Hague Abduction Convention there are practical difficulties associated with its […]
The First Circuit has ruled that the denial of a petitioner’s motion for summary judgment in a proceeding for an order directing the return of a child pursuant to the Hague Convention on International Child Abduction is not appealable. Rigby v. Damant 5/15/2007. The mere fact that the case ultimately sought injunctive relief did not […]
