by Jeremy D. Morley* In an important decision issued yesterday, the U.S. Court of Appeals for the Second Circuit has ruled that the return of a severely autistic child to Italy under the Hague Abduction Convention would pose a “grave risk” of harm to the child sufficient to require the denial of the Hague return […]
England’s Supreme Court, its highest court, has today ruled in Radmacher v. Granatino, that “decisive weight” should be given to the German prenuptial agreement signed by a German heiress and her French husband. The husband had agreed that he would make no claims on Ms. Radmacher’s estimated £100m fortune. The trial court had followed established […]
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 […]
An interesting German international family law case concerning a Syrian marriage has been summarized by Jurgen Basedow and Simon Schwarz: A Syrian couple filed for divorce before German courts whose jurisdiction was established under Arts. 1(1)(a), 2(1)(a) of the Brussels II-Regulation since the spouses had their habitual residence in Germany at that time. An important […]
by Jeremy D. Morley Author of The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers, published by the American Bar Association. Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United […]
Adultery is a crime in Korea punishable by up to two years in jail. Now Ok So-Ri, a famous Korean actress who has been indicted for adultery, has petitioned Korea’s Constitutional Court to invalidate the 1953 law that criminalizes such conduct. In her complaint, her attorneys have argued that, “The adultery law constitutes a serious […]
by Jeremy D Morley In British Columbia, Canada, unmarried partners may be deemed to be in a “spousal relationship” that entitles them to be treated as spouses for the purpose of securing financial remedies upon the termination of the relationship as if they were actually married. Section 3 of the Family Law Act of British […]
My book, International Family Law Practice, has now been published. It can be ordered through West at http://west.thomson.com/productdetail/159300/40816680/productdetail.aspx West Publishing Co. Description: DescriptionThis title provides a practical approach for U.S. lawyers handling international family law matters. It focuses on international marriage and divorce, international prenuptial and postnuptial agreements, international divorce planning, recognition of foreign divorces, […]
Jeremy D. Morley Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament). The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly […]
We were recently asked to research the issue of potential child abduction in China and the remedies for securing the return from China of a child if the Chinese national parent kept her in that country. The results of our research were depressing. China is not a party to the Hague Convention on the Civil […]
As has been recently reported by the U.S. State Department: · The Republic of Korea is one of only a handful of East Asian countries that has acceded to the Hague Abduction Convention. · The Republic of Korea acceded to the Convention in December 2012, and the Convention went into force for the Republic of […]
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 […]
Hong Kong appears to be strengthening its commitment to the Hague Abduction Convention process. The focus on tougher exit controls to discourage international child abduction stands in sharp contrast to the U.S. “open borders / no exit controls” policy that greatly hinders U.S. efforts to deter international child abduction. See the following announcement (July 11, […]
(updated May 5, 2016) by Jeremy D. Morley Malaysia is not a party to the Hague Abduction Convention. Malaysia has refused to adopt the treaty, on the ground that it would purportedly contradict Shariah law, since that law bases child custody decisions to a substantial extent on religious, age and gender factors. Given that the […]
