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 […]
Prenuptial agreements are enforceable under Hungarian law, as are post-nuptial agreements. Hungary Section 4.63(1) of the Civil Code of Hungary provides that, “The function of the marriage contract is to permit the parties to the marriage or the spouses to define a property regime – in lieu of marital community of property – with a view […]
The Hague Abduction Convention requires each treaty party to establish a Central Authority to provide assistance in both “outgoing” cases in which a child is taken away from a country and “incoming” cases in which a child has been brought into the country. The Convention leaves it up to each country to decide how the […]
by Jeremy D. Morley The Dowry Prohibition Act of 2018 (the “Act”) of Bangladesh prohibits the giving or receiving of a dowry. The primary purpose of the Act is to end the custom whereby the bride’s family makes a financial payment to the groom’s family upon a marriage. The system is now seen to be a […]
Jeremy D. Morley The U.K. Government has just issued its latest “Lebanon travel advice.” With respect to international parental child abduction in Lebanon the U.K. Government has issued the following specific warning: Child Abduction One of the most common requests for consular assistance in Lebanon is from British mothers seeking help in overturning travel bans […]
United States and the Republic of Korea Become Hague Abduction Convention Partners On November 1, 2013, the 1980 Hague Convention on the Civil Aspects of International Child Abduction (Convention) will enter into force between the United States and the Republic of Korea. Nov 03,2013 – United States and the Republic of Korea Become Hague Abduction […]
by 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 […]
Jeremy D. Morley The High Court of Australia has upheld a trial court ruling that two teenage boys, now aged 17 and 15, who moved from Sydney to New York with their father, should be returned to Australia, even though they clearly wish to remain in New York. Bondelmonte v Bondelmonte, [2017] HCA 8. The […]
by 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 […]
Jeremy D. Morley The Singapore Family Court, in a ruling by District Judge Low, has rendered a ruling on consent in Hague abduction cases. The Court issued the following determination*: “In summary, the legal principles in relation to consent that may be gleaned from the abovementioned cases are as follows: -Consent is not relevant to Art. 3 […]
by Jeremy D. Morley Difficult issues arise under the Uniform Child Custody Jurisdiction and Enforcement Act when children are taken overseas for visits and do not return. A recent New York case illustrates some of the issues. In Kassim v. Al-Maliki, 2021 WL 1774145 (NY App. Div. 2d. Dept. May 5, 2021), the Appellate Division, […]
I had the great pleasure of lecturing in Tokyo this week on the Hague International Child Abduction Convention on a panel with The Hon. Justice Victoria Bennett of the Family Court of Australia. She was most impressive in discussing her insistence on sensible decision-making in international custody and abduction cases. A quick internet search of her name […]
In this March, 2013, photo provided by Stacey Warren, the Des Moines attorney representing Magnus Anderung, is Magnus Anderung with his daughter. The 3-year-old girl that was the center of an international custody dispute between her divorced father living in Sweden and her mother, Raina Anderung, who brought her to Iowa, is boarding a plane […]
Once a divorce case is settled, parties often experience “buyer’s or seller’s remorse’ but a just-decided New York case shows how tough it is to set aside a divorce settlement — even in an extreme case in which the value of an asset turns out to have been undervalued by many millions of dollars. In […]
