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 […]
Korea is apparently taking steps towards signing the Hague Abduction Convention. This would be a major step forward in the prevention of international child abduction. Korea Mulls Signing Treaty to Protect Kids Korea is moving to sign an international treaty to protect children against parental abuse and possible abduction in cases of multi-cultural marriage breakdown.A […]
Newspapers around the world have carried an article entitled “Japan, India pressed to curb child abductions” that calls attention to the fact that both countries violate human rights norms by failing to provide remedies for international child abduction. The articles describe the circumstances of several of my clients and state that, “Jeremy Morley, a New […]
A senior U.S. diplomat met with South Korean officials Friday to discuss Seoul’s planned accession to an international convention on the custody of children from international marriages. The Hague Convention on the Civil Aspects of International Child Abduction aims to prevent parents in custody battles from abducting their children and taking them to another nation […]
Custody dispute crossing borders: Mom wants to take daughter to Okinawa Newark Star-Ledger, May 01, 2007 The state Supreme Court will hear oral arguments today in a Hillsborough child custody case with international implications. After the breakup of her marriage, Erika MacKinnon wants to return to her homeland, Japan, along with her 7-year-old daughter. A […]
The below article was recently published in the May 2016 issue of AJ Famille, a monthly publication featuring articles on all aspects of Family Law, with a French focus: The Hague Abduction Convention in the United States Jeremy D. Morley* The Hague Convention on the Civil Aspects of International Child Abduction is a remarkably successful […]
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, […]
