Jeremy D. Morley The level of corruption within a state’s legal system may be an important factor in evaluating the risk of a proposed visit to that country by a child and a parent in litigation to permit or prevent such a visit. Obviously the risk is far greater if the level of corruption […]
The Federal Circuit Court of Australia has dismissed the application by an Australian mother of Indian origin to take her child to visit India. She stated that she wished her young daughter to be present in India, where she planned to marry an Australian man who is also of Indian origin, and then return to […]
Jeremy D. Morley Expert testimony is frequently needed in international family law cases. International family lawyers are frequently called upon to act as expert witnesses. Such testimony is often secured in cases concerning international child abduction, particularly in cases in which one parent is seeking to prevent the other parent from having overseas visitation with […]
Jeremy D. Morley 1. Nicaragua is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. However, the United States is not partnered with Nicaragua under the Convention. There are no bilateral agreements in force between Nicaragua and the United States concerning international parental child abduction. 2. The State Department has determined […]
by Jeremy D. Morley www.international-divorce.com A court order rendered outside Brazil, that authorizes the relocation of a child to Brazil from the child’s current place of residence subject to certain specified conditions concerning the ongoing custody and access rights of the non-relocating parent, is not normally enforceable in Brazil. If the court order is not “homologized” in Brazil, the […]
Jeremy D. Morley On June 28, 2017 Monaco adopted a new Law on Private International Law. It sets forth the rules concerning divorce jurisdiction, authorizes spousal selection of the law to govern marital regimes, and provides rules concerning the applicable law concerning maintenance. An informal translation of such provisions is as follows: No. 1448 – […]
Jeremy D. Morley* The Law Commission of India has published a Consultation Paper on Adopting a Shared Parentage System in India. It has referenced two attempts that have been made to institutionalize shared parenting in India. The first is a set of guidelines on ‘child access and child custody’ prepared by the Tata Institute of […]
My article, The Impact of Foreign Law on Child Custody Determinations, has been published this week by The Journal of Child Custody. Abstract: The author asserts that in contested cases concerning a child’s proposed visit to a foreign country or a child’s international relocation, it is essential for decision makers to appreciate the impact that […]
A lively conversation about the issues facing both international and family law practitioners in our global society. The speakers will discuss international visitation, child relocation, and the Hague convention as well as providing tips on strategic international divorce.Speaker: Jeremy Morley Premier International Family Law AttorneyModerators: Jennifer Riemer, CFLS Walzer Melcher LLP Malcolm McNeil, Partner, Arent […]
By Jeremy Morley This week the Abbott case – the only Hague abduction case ever to get the U.S. Supreme Court — was finally dismissed, but only because the child turned 16 and the Hague Convention applies only to children under that age. The case is known for the fact that U.S. courts finally accepted […]
by Jeremy D. Morley Courts sometimes require that a parent should be permitted to take a child for an international visit, despite the objections of the other parent, if the taking parent posts a financial bond. However, such a requirement often provides a false sense of security. Last year, a Florida appeal court sensibly overturned […]
Ten European countries are about to proceed with divorce law rules that will clarify which law applies to international marriages. The new rules will apply to Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain. The rules will apply when one spouse of a divorcing couple has a connection with one of the […]
In Bader v. Kramer, decided on April 17, 2006, the Fourth Circuit reviewed the meaning of the term “rights of custody,” which is one of the fundamental elements of any application under the Hague Convention on the Civil Aspects of International Child Abduction.The parties were married, lived in Germany, had a daughter in 1999 and […]
Jeremy D. Morley* I feel the need to stress – yet again – that a parent or would-be parent who travels for an extended period of time overseas with a spouse or partner should think first about the possibility of your kids being required to stay overseas against your wishes in the event you have […]
