Jeremy D. Morley It seems appropriate at this time to reiterate the fact that this country has no exit controls, with minimal exceptions. We try to control who comes in to this country, but we should also control who goes out. Especially if the people who are being taken out are U.S. citizen children who […]
By Jeremy D. Morley* The Supreme Court of India has rejected a petition seeking to ban Shariah courts in India, but it has stressed that such courts have no legal powers over Muslims and that their decisions cannot be enforced. Vishwa Lochan Madan v. Union of India, July 7, 2014. The petitioner alleged that the […]
The Arizona Court of Appeals has rendered an extremely significant new decision on the admissibility and reliability of an international family lawyer’s expert testimony concerning the laws and practices of a foreign country concerning child custody and abduction. Lehn v. Al-Thanayyan, dated March 7, 2019. 2019 WL 1070824. The Court upheld the reliance by an […]
A recently-decided case in Massachusetts sheds light on the growing problem of international couples and competing divorce jurisdictions. Qiuyue Shao v. Yue Ma. It also illustrates a serious problem that exists with Section 105 of the Uniform Child Custody Jurisdiction and Enforcement Act. Chinese-born married parents – characterized by the appellate court as “unusually mobile,” […]
The Uniform Child Abduction Prevention Act – which includes some specific provisions designed to prevent international child abduction – was signed into law in Kansas on April 6, 2007. Kansas is the fourth state to enact it, along with Nevada, Nebraska and South Dakota. Bills to adopt the new law have been introduced in at […]
By Jeremy D. Morley We have represented many international clients who have entered into marriage contracts or prenuptial agreements with Japanese spouses. We always work in collaboration with Japanese counsel in such matters as appropriate and as instructed by our clients. Prenuptial agreements are not common in Japan. They have never been a part of […]
After years of foreign pressure, Japan has finally taken a step closer to joining an international convention on settling cross-border child custody disputes According to local reports, the cabinet approved a bill last Friday which will bring Japan in line with the Hague Convention on international child abduction. Japan is the only G8 country not […]
The European Court of Human Rights (the “ECHR”) continues to attack the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”), including a decision issued in December 2011. In June 2010 in Neulinger & Shuruk v. Switzerland the ECHR ruled that the European Convention on Human Rights requires that courts may […]
The Office of Children’s Issues of the U.S. State Department’s Bureau of Consular Affairs, has recently released the annual report on Hague Convention compliance. The report details various issues of non-compliance with member countries. It places countries under two categories; “Not Compliant” and “Demonstrating Patterns of Noncompliance,” with the former category signaling more serious compliance […]
Section 498A of the Indian Penal Code creates a real and distinct danger for any non-resident Indian husband who may need to secure the assistance of the Indian authorities in any child custody case. The law provides for the punishment of the husband and his relatives if a married woman is subjected to cruelty which […]
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 […]
If the article below is accurate one may ask why Japan is even bothering to pretend to comply with the Hague Abduction Convention. The article states that if a Japanese court orders that an abducted child should be returned to the country of the child’s habitual residence the child will nonetheless not be removed from […]
Senior family judge also urges ministers to give unmarried couples living together the same rights as married couples By Owen Bowcott, legal affairs correspondent The Guardian, Tuesday 29 April 2014 12.43 EDT Couples agreeing to divorce by consent should be able to arrange their own separations with a trip to the registrar rather than having […]
Jeremy D. Morley In June 2021, the U.S. Embassy in Buenos Aires delivered a formal diplomatic protest known as a “demarche” to the Argentine Ministry of Foreign Affairs and Worship, notifying Argentine officials that the Department cited Argentina in the 2021 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance during 2020. […]
