Jeremy D. Morley International child relocation applications raise substantially different issues from those raised in domestic relocation cases, whether intrastate or interstate. Unfortunately, the fundamental differences are not often adequately appreciated by lawyers and judges. This is partly because both domestic and international applications are governed by the same legal principles. It is also because, […]
I will be lecturing and consulting extensively in Japan, throughout the last week of this month, on “The Hague Abduction Convention in the U.S. and Japan,” at the invitation of the Ministry of Foreign Affairs of Japan. I will address the issue of Japan’s failure to enforce return orders and the differences between the interpretations […]
Jeremy D. Morley The mature child’s objection exception to the Hague Abduction Convention employs very loose language that provides a trial court with great discretion. In a hotly-contested case that I won in the U. S. District Court for the Eastern District of New York on Friday the trial judge found that a child who […]
… From an International Family Lawyer by Jeremy D. Morley Here are some of my “international family lawyer’s best tips” for international clients moving overseas and for expatriates. Before you move overseas, realize that if you have children in a new country you may find yourself trapped there. An example: Angie the American and Gus […]
by Jeremy D. Morley* On April 14, 2014, the Japanese law implementing the Hague Abduction Convention in Japan took effect. That act, referred to in this article as the “Implementing Act” states that, “A person whose rights of custody with respect to a child are breached due to removal to or retention in Japan may […]
Jeremy D. Morley In an important ruling on India’s notorious “Section 498A law” (see www.international-divorce.com/Indias-Notorious-Section-498A.htm), the Bombay High Court has ruled that a wife who made unsubstantiated allegations in a criminal case that she initiated against her husband and family under Section 498A of India’s Penal Law has thereby committed acts of cruelty sufficient to […]
In a custody case in British Columbia, Canada, the BC Supreme Court has accepted as an expert report my report on the international family law elements of the case with a particular reference to the abduction dangers of a child’s proposed visit to Japan, quoted extensively from my report, used the report as the basis […]
Jeremy D. Morley Nature and Purpose of the Registry The Korean Family Registry is governed by Korea’s “Act on the Registration etc. of Family Relationships.” The purpose of the Act is defined in Article 1 as “to prescribe matters concerning the registration of establishment and changes in family relations such as the birth, marriage, death, […]
The European Union proposed scheme for harmonized divorce rules for international couples is moving forward, though without Irish participation. The EU’s Legal Affairs Committee has unanimously backed the proposal and has recommended that the full Parliament should authorize the twelve Member States that have so far agreed to the plan to start to implement it. […]
Introduction The best way to handle international child abduction is to prevent it before it occurs, although that is often far easier said than done. International child abduction has become increasingly prevalent as greater international mobility has spawned a concomitant increase in international personal relationships. Most abductions are committed by a family member, usually by […]
The chief justice of the Cayman Islands, Mr Justice Smellie, has launched a staunch defence of trusts and has railed against what he described as the “entirely misguided” criticism of offshore trusts by onshore authorities. So reports legalweek.com. This fuels expectations that there will be an unprecedented stand-off between offshore and onshore judges over the […]
Ten European countries are about to proceed with divorce law rules that will clarify which law applies to international marriages. The new rules will apply to Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain. The rules will apply when one spouse of a divorcing couple has a connection with one of the […]
Jeremy D. Morley I am pleased that the Appellate Division of the State of New York, Second Department, today affirmed, in my client’s favor, an order of the Family Court, Westchester County dismissing a child custody petition for lack of subject matter jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. The case […]
by Jeremy D. Morley China – Family Law In China, marital property is theoretically required to be divided equally between the spouses upon a divorce. But without an enforceable obligation to make full disclosure of assets, there has inevitably been a yawning gap between theory and practice. Until recently, no such obligation to disclose assets […]
