Country Summary: The Convention has been in force between the United States and Brazil since 2003. In 2021, Brazil continued to demonstrate a pattern of noncompliance. Specifically, judicial authorities continued to fail to regularly implement and comply with the provisions of the Convention. Additionally, the competent authorities continued to fail to take appropriate steps to […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our last post in a series here focusing on the twelve countries classified as “demonstrating patterns of noncompliance.” Today’s country is the United Arab Emirates. Country Summary: The United Arab Emirates does not adhere to any protocols with respect […]
The Independent,23 October 2008 Britain’s highest court has criticised Islamic law for discriminating against women after a case in which a mother was forced to flee the Middle East for Britain to protect her son from his abusive father. In a 5-0 ruling, the law lords said that there was no place in sharia for […]
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 thirteenth country listed as “Noncompliant” in the report, Tunisia: Country Summary: Tunisia does not adhere to any protocols […]
Jeremy D. Morley* Parents of children who are abducted to a foreign country, or who are being retained in a foreign country, often do not have their children’s passports that are needed to enable them to bring the children back to the United States. As part of our work in helping parents to get their […]
The Hague Convention was drafted upon the basis of a fundamental misconception. When it was negotiated it was anticipated that the abductors would mostly be noncustodial fathers. In fact, most parental international child abductors are the custodial parents of their children, most of whom are the children’ s mothers, as the U.K. Supreme Court […]
by Jeremy D. Morley(1) “Mirror” orders can be a useful tool in the arsenal of lawyers who handle cases concerning international child travel and the prevention of potential international child abduction. Increasingly courts are being asked to enjoin parents from taking children overseas because of a parent’s fear that the children will not be […]
COUNCIL OF STATE GOVERNMENTS INCLUDES NEW UNIFORM ACT AS “SUGGESTED STATE LEGISLATION” September 19, 2013 – The Uniform Premarital and Marital Agreements Act was included today by the Council of State Governments (CSG) as “Suggested State Legislation” at the CSG’s National Conference in Kansas City, Missouri. The Uniform Premarital and Marital Agreements Act, drafted and […]
Jeremy D. Morley* The Swiss Central Authority under the Hague Abduction Convention is the Federal Office of Justice in Berne. The Convention entered in force in Switzerland on January 1, 1984. The implementing legislation is the Federal Act of 21 December 2007 on International Child Abduction and the Hague Conventions on the Protection of Children […]
by Jeremy D. Morley People with assets and international connections who are contemplating a divorce, as well as the spouses of such people, should first consult us for Strategic International Divorce Planning advice. Here is what we do for a motivated client (always working with local counsel as appropriate): 1. Analyze the Family’s Entire Economic Picture. […]
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 The courts of Hong Kong deal with large numbers of international divorce cases. Hong Kong has jurisdiction if certain specified conditions are fulfilled but it is important to understand that the courts may decline jurisdiction on the grounds of inconvenience in some cases. Jurisdictional Requirements: Hong Kong courts have […]
Jeremy D. Morley www.international-divorce.com Here are some tips from attorney Jeremy D. Morley — who has worked on hundreds of Hague cases and is the author of the American Bar Association treatise on The Hague Abduction Convention — for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on […]
Jeremy D. Morley There is considerable uncertainty in the United States as to whether a respondent in a Hague Abduction Convention case, who asserts the “grave risk” exception as a shield against an order that a wrongfully removed or retained child must be returned to the country of habitual residence, must prove that the courts […]
