The U.S. Senate has today passed a “Bipartisan Resolution Calls on Countries to Do More to Prevent and Resolve Cases of Children Abducted by Parents Across International Borders.” The Resolution should be useful when seeking to prevent potential abduction to Japan, India, and Egypt, since those countries are specifically “reprimanded.” The Resolution also reinforces claims […]
Jeremy D. Morley In a just-issued opinion on the “grave risk” exception to the Hague Abduction Convention, the Seventh Circuit has affirmed the denial of a Hague return petition based on the district court’s finding of sexual abuse by the petitioner. Ortiz v. Martinez, — F.3d —-, 2015 WL 3650649 (7th Cir. 2015). The appellate […]
by Jeremy D. Morley It is gratifying that, in its award of legal fees to my client, whose child was successfully returned from New York to Spain pursuant to the Hague Abduction Convention, the U.S. district court’s calculation was based in part on my status as “one of the leading experts” on the Convention, who […]
In what the Court described as a “very difficult case” between two Chinese parents living in Georgia — one of whom (the child’s mother) faces deportation to China for lack of an immigration visa and had asked the Court to give custody of the parties’ child to her and to authorize her to relocate the […]
Jeremy D. Morley Having represented numerous clients in international child custody matters concerning India, this author has been accepted on several occasions as an expert on international family law matters concerning India. The author is aware of seven cases in which courts in the United States, Canada and England have refused to allow visits to […]
Jeremy Morley Another U.S. case was resolved today based on my expert testimony concerning the risk of permitting child visitation to Japan. The Japanese Ministry of Foreign Affairs has released some limited information about the number of applications that it has received under the Hague Abduction Convention and the number of cases in which children […]
Jeremy D. Morley www.international-divorce.com The Court of Appeals of Washington State, Division One, has issued a Commissioner’s Ruling refusing to allow discretionary review of a lower court ruling that held – based on the expert evidence of international family lawyer Jeremy D. Morley, as well as another expert – that Egypt’s child custody laws […]
Here is the full text of House Resolution 1326, passed almost unanimously by the U.S. House of Representatives today, September 29, 2010, condemning Japan’s “abduction and wrongful retention” of children — including the children of several of my clients — and urging Japan to act “immediately” to resolve cases involving U.S. parents. 111th CONGRESS, 2d Session, H. RES. […]
The United States has now accepted Pakistan’s accession to the 1980 Hague Abduction Convention. The Convention will enter into force between the two countries on October 1, 2020. It is not clear whether the decision to accept the accession is a result of a dispassionate review of the Pakistani laws, regulations and processes that are […]
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 twelve countries classified as “demonstrating patterns of noncompliance.” Today’s country is Brazil. Country Summary: The Hague Abduction Convention has been in force between the United States and Brazil since […]
Jeremy D. Morley Jurisdiction to handle child custody matters, which are referred to in some Canadian provinces (British Columbia and Alberta) as “parenting” or “parentage” matters or as guardianship matters (e.g. Saskatchewan), rests in part on the Canadian federal law and in part on provincial law. A. Canadian Federal Law. The Divorce Act […]
We’re reposting this article here since it’s just recently been published in the NYSBA Family Law Review, Fall 2017, Vol. 49, No. 2: The New Divorce by Mutual Consent in France: Recognition and Risks of Post-Divorce Litigation in Common-Law Countries: The Examples of England and the United States Delphine Eskenazi, admitted to the Paris and […]
Jeremy D. Morley We have handled, with local counsel, several international family law matters concerning Slovenia. We have provided an expert report concerning the possibility of child abduction to Slovenia and issues concerning the return of children from that country. Appeals in Hague cases in Slovenia are permitted without leave of the Court and […]
In June 2017, the U.S. Acting Principal Deputy Assistant Secretary for Consular Affairs delivered another demarche to the Argentine Ministry of Foreign Affairs, notifying the Argentine authorities that the U.S. State Department had again cited Argentina in the 2017 Annual Report for demonstrating patterns of noncompliance during 2016. Parents should be alert to the fact […]
