Jeremy D. Morley We just won a Hague Abduction Convention case in Sweden, working with Swedish counsel, and obtained an order to return the abducted children to Japan. Of the greatest importance, the Swedish court granted our express application that our client, the left-behind parent, is the parent who will take the children back to […]
Jeremy D. Morley The U.K. Supreme Court has just issued an extremely important opinion concerning the grave risk of harm exception in a Hague abduction case. In the Matter of S (a Child) [2012] UKSC 10. The ruling is surprising in at least three respects. The first is that the Supreme Court bluntly castigated another […]
A New York court has held that a husband and wife are free to sue each for personal injuries for tort in a separate action than an action for divorce. Chen v. Fischer — N.Y.3d. —, — N.Y.S.2d — (2005 WL 3452221) (2005 N.Y. Slip Op. 09572)(Dec 15, 2005). The New York Court of Appeals […]
We have just read the appeal judgment of the Appeals Chamber of the Special Court for Sierra Leone in a case entitled Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu http://www.sc-sl.org/AFRC.html For international family lawyers the judgment is significant in that the court ruled that forced marriage constitutes a crime against […]
The English courts yesterday took a further step towards eventual enforcement of prenuptial agreements. In Crossley v. Crossley, the spouses had signed a prenuptial agreement in England. The wife asked the divorce court to ignore it because her husband had failed to tell her of the full extent of his fortune. He retaliated by successfully […]
by Jeremy D. Morley* Which law governs a prenuptial agreement in a U.S. court? That simple and critically important question unfortunately has no simple answer. Is it the law selected by the parties? The law of the forum? The law of the place where the agreement was negotiated and/or executed? The law of the place […]
Country Summary: The United Arab Emirates does not adhere to any protocols with respect to international parental child abduction. In 2018, the United Arab Emirates demonstrated a pattern of noncompliance. Specifically, the competent authorities in the United Arab Emirates persistently failed to work with the Department of State to resolve abduction cases. As a result […]
Jeremy D. Morley Nature and Purpose of the Registry The Korean Family Registry is governed by Korea’s “Act on the Registration etc. of Family Relationships.” The purpose of the Act is defined in Article 1 as “to prescribe matters concerning the registration of establishment and changes in family relations such as the birth, marriage, death, […]
Jeremy D. Morley www.international-divorce.com I am pleased to have been accepted as an expert on international child custody laws and the procedures of Minnesota by an Ontario, Canada court in a Hague Convention abduction case. Recent Update: The Canadian court accepted my testimony and accordingly refused to accept the abductor’s grave risk claim and ordered the […]
The Council of Islamic Ideology (CII) of Pakistan ruled on March 31, 2007 that a woman who is raped should not be considered guilty of adultery and should be viewed under the law as a victim of rape. The ruling may reduce the impact of the Hudood Ordinances adopted in Pakistan in 1979 under which […]
For more than three years, Deepa Topiwalla fell asleep every night wondering where her young son was. She doesn’t have to wonder anymore. He sleeps in her bedroom in a small bed next to hers. After a court battle that took her halfway across the world, she has returned home to Cary with her son, […]
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 Egypt: Country Summary: Egypt does not adhere to any protocols with respect to international parental child abduction, and left-behind […]
The U.S. Court of Appeals for the Sixth Circuit has issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox, File No. 07a0502p.06; decision dated December 28, 2007. The decision speaks to the role that undertakings should play in rulings that concern […]
On December 20, 2010 the European Union Council adopted the Rome III Regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Article 5 allows spouses to agree to designate the law applicable to divorce and legal separation provided that it is one of the following laws: (a) the […]
