by Jeremy D. Morley www.international-divorce.com The Civil Code of Turkey (Article 336) expressly provides that, when parents divorce, only one parent may be given custody over their child to the complete exclusion of the other parent, either by agreement or by order of the court (Article 819, Turkey Civil Code). Parental authority includes both legal […]
Jeremy D. Morley www.international-divorce.com A New York court today, in a hotly contested case between Japanese parents living in New York, relied entirely on my expert evidence concerning Japanese family law and procedure in dismissing the application of one parent to relocate the parties’ Japanese children to Japan. The court ruled that there was “overwhelming […]
Further evidence that California is an excellent jurisdiction for a spouse who does not have complete knowledge of the other spouses’s financial condition is supplied by the just-issued decision in In re Marriage of Straus, 2009 WL 98447 Cal.App. 4 Dist.,2009. In that case the appellate court upheld an award of $3,000 in sanctions against […]
The South Korean Supreme Court has issued details of its implementation of the new family registration law, which will take effect on January 1, 2008. The new system will replace the traditional “hoju” system, which the Constitutional Court in Korea declared unconstitutional as violating the right to gender equality. The current hoju system places only […]
The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013. The full article is available on the website of the Hague Conference on Private International Law. Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects […]
Jeremy D. Morley The Hague Abduction Convention has now entered into effect, as of August 1, 2013, between the U.S. and Trinidad & Tobago, three months after the U.S. declared its acceptance of T&T’s accession to the Convention. Trinidad & Tobago became a party to the Hague Convention in 2000 but only in May did […]
The Monasky Case In Monasky v. Taglieri, 140 S. Ct. 719 (2020) the U.S. Supreme Court redefined “habitual residence” in Hague Abduction Convention cases to align with the international jurisprudence. U.S practitioners must now become familiar with the Court’s “totality-of-the-circumstances” test. The test has been in place in the European Union for at least a decade. The Court […]
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 from the seventh country listed as “Noncompliant” in the report, India: Country Summary: India does not adhere to any protocols […]
by Jeremy D. Morley Supervised visitation is sometimes the only effective way to prevent international child abduction, especially when a country does not have effective exit controls. For this reason, in a decision dated January 7, 2022, the Superior Court in Ontario, Canada (Pinto J.) has required that a father’s access to his child should […]
by Jeremy D. Morley Lebanon is, in my opinion, a proven safe haven for international parental child abduction. I testified to this effect last month in great detail in a case in Texas. My credentials include extensive research concerning Lebanese family law, consultations with numerous clients, and often with Lebanese counsel, concerning abductions and potential […]
A NEWLY RELEASED BOOK PUBLISHED BY BY THE AMERICAN BAR ASSOCIATION Every family lawyer should understand the workings of the Hague Convention on the Civil Aspects of International Child Abduction. Family law is becoming increasingly internationalized as the world is shrinking, international relationships are increasing and international travel is growing. Clients who fear that their […]
by Jeremy D Morley An amendment to Japan’s Civil Procedure Law enters into force on June 1, 2021, intended to promote enforcement of Japanese civil custody orders. Although the new law may be helpful it will provide no benefit to non-custodial parents seeking to enforce their visitation rights. Japanese law continues to provide that only […]
Delphine Eskenazi, admitted to the Paris and New York bars, LIBRA Avocats, Carmel Brown, Solicitor in England, Irwin Mitchell and Jeremy D. Morley, admitted to the New York bar, Law Firm of Jeremy D. Morley consider the new divorce by Mutual Consent in France and its wider implications for other countries. Since 1st January 2017, […]
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 […]
