India’s amendments to its Criminal Procedure Code are now effective. They may ameliorate some of the harshest aspects of India’s infamous Section 498A. The newly- enacted provisions take away the powers of the police to arrest in cases of alleged offenses which carry a maximum sentence up to seven years of imprisonment. Such offenses include […]
By Jeremy Morley Are you someone who always runs at the last minute to catch a plane? Or do you prefer to arrive at the airport ten minutes early and relax? This is a question that marketing gurus ask so as to illustrate the benefits of sensible planning in business. In my area — international […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our seventh post in a series here focusing on the nine countries classified as “demonstrating patterns of noncompliance.” Today’s country is Lebanon. Country Summary: Lebanon does not adhere to any protocols with respect to international parental child abduction. In 2004, […]
Jeremy D. Morley In Japan, if the parent who does not have physical possession of a child is allowed to have visitation with the child it will generally be limited to a few hours a month and be strictly supervised – usually in the courthouse, a police station or a lawyer’s office – if there […]
by Jeremy D. Morley Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or retained in Hungary. The Committee of Ministers of the Council of Europe determined on December 3, 2020 that Hungary’s failure to meet its obligations under the Convention was […]
Jeremy D. Morley A recently issued (July 2015) Canadian Parliamentary Report, entitled Alert: Challenges and International Mechanisms to Address Cross-Border Child Abduction – contains a helpful analysis of Canada’s exit controls and passport controls. Relevant portions are reprinted below, without footnotes. Border Controls In cases where an abducted child is entering Canada, the Canada Border […]
A California court has upheld my expert evidence on the child custody laws of India to the effect that if a child is taken to and wrongfully retained in India it will generally not be possible to secure the child’s prompt return from India. The Court also found that any effort to seek the assistance […]
My article, The Impact of Foreign Law on Child Custody Determinations, has been published this week by The Journal of Child Custody. Abstract: The author asserts that in contested cases concerning a child’s proposed visit to a foreign country or a child’s international relocation, it is essential for decision makers to appreciate the impact that […]
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 […]
John Charman, the eighth-wealthiest man in the City of London, tried to prevent his wife from gaining access to an offshore trust fund said to be worth 65 million pounds. He failed on Tuesday in his appeal against a High Court order that gives Beverley Charman details of the Bermuda fund and could affect the […]
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 […]
Jeremy D. Morley Will a prenuptial or postnuptial agreement protect a U.S. citizen, who has signed a Form I-864 Affidavit of Support in furtherance of a foreign spouse’s application for a U.S. permanent resident visa, against the subsequent support claims of a foreign spouse upon a divorce? A person who signs the support affidavit, pursuant […]
Country Summary: The Convention has been in force between the United States and Costa Rica since 2008. In 2020, Costa Rica continued to demonstrate a pattern of noncompliance. Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention. As a result of this failure, 29 percent of requests for […]
When considering whether to be concerned that the other parent plans to take a child on an overseas visit – which is normally a great benefit to a child and should generally be encouraged – it can be a huge mistake to rely merely on the foreign country’s accession to The Hague Abduction Convention. The […]
