Country Summary: The Convention has been in force between the United States and Belize since 1989. In 2021, Belize demonstrated 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, 50 percent of requests for the return of abducted children […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our third post in a series here focusing on the nine countries classified as “demonstrating patterns of noncompliance.” Today’s country is Ecuador. Country Summary: The Convention has been in force between the United States and Ecuador since 1992. In 2018, Ecuador demonstrated […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our eleventh post in a series here focusing on the twelve countries classified as “demonstrating patterns of noncompliance.” Today’s country is Peru. Country Summary: The Hague Abduction Convention has been in force between the United States and Peru since […]
When should a court take steps to prevent possible international child abduction by a foreign national parent? This issue is critical to many parents but many courts — and even many family law lawyers — do not give the issue the serious consideration that it must be given. The consequences of international parental child abduction […]
The U.S. State Department has now issued its 2023 Action Report on International Child Abduction. Honduras has been declared by the State Department to be non-compliant with the Hague Abduction Convention. The State Department has reported to Congress that within the past year it has taken the following actions in this regard against Honduras: · […]
Our heartiest congratulations to our British client whose tiny baby was abducted by the Mexican father from Texas to Mexico. http://familylawinternational.blogspot.com/2007/07/mum-fights-for-abducted-babys-return.html The mother and her family endured months of unbelievable worry, fueled further by the father’s death threats and outrageous claims as he was “on the run” in Mexico. The family mounted a campaign of […]
Jeremy D. Morley Egypt has again been identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014. The State Department has reported, in its just-issued 2020 Annual Report on International Child Abduction, that: Egypt does not adhere to any protocols with respect […]
A recently-decided case in Massachusetts sheds light on the growing problem of international couples and competing divorce jurisdictions. Qiuyue Shao v. Yue Ma. It also illustrates a serious problem that exists with Section 105 of the Uniform Child Custody Jurisdiction and Enforcement Act. Chinese-born married parents – characterized by the appellate court as “unusually mobile,” […]
By Jeremy D. Morley This article was published in the New York Law Journal October 24, 2013 American family law practitioners handling a divorce case with a significant English connection should understand that, even if a U.S. court has properly granted a divorce and handled its financial consequences, an English court might allow the ex-spouse to […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our second post in a series here focusing on the nine countries classified as “demonstrating patterns of noncompliance.” Today’s country is Brazil. Country Summary: The Convention has been in force between the United States and Brazil since 2003. In […]
By Jeremy D. Morley Wǔxīng Hóngqí (“Five-starred Red Flag”) 1. China does not comply with international norms concerning the return of internationally abducted children. 2. China has failed to adopt the Hague Abduction Convention and has failed to enter into any bilateral arrangement with the United States to return abducted children. 3. There can be no […]
03/03/2014 MOSCOW, March 3 (RAPSI) – Russia will establish special courts to adjudicate cases involving international kidnapping cases, Deputy Minister for Education and Science Veneiamin Kaganov told RIA Novosti Monday. In 2011, Russia joined the International Convention on the Civil Aspects of International Child Abduction, which aims to facilitate the immediate retrieval of children unlawfully […]
Jeremy D. Morley In New York there is a strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements, including by prenuptial agreements. Accordingly, duly executed prenuptial agreements are accorded the same presumption of legality as any other contract. Thus, under New York law, a prenuptial agreement is presumed to be valid unless the party challenging the […]
Jeremy D. Morley Tom Wolfrum and I have petitioned the U.S. Supreme Court in the 9th Circuit case of Murphy v. Sloan for a writ of certiorari on the issue of the interpretation of habitual residence in a Hague Abduction Convention case. The petition may be accessed through Westlaw at 2014 WL 6737443. The essence […]
