Jeremy D. Morley Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament). The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly […]
We were recently asked to research the issue of potential child abduction in China and the remedies for securing the return from China of a child if the Chinese national parent kept her in that country. The results of our research were depressing. China is not a party to the Hague Convention on the Civil […]
As has been recently reported by the U.S. State Department: · The Republic of Korea is one of only a handful of East Asian countries that has acceded to the Hague Abduction Convention. · The Republic of Korea acceded to the Convention in December 2012, and the Convention went into force for the Republic of […]
If the article below is accurate one may ask why Japan is even bothering to pretend to comply with the Hague Abduction Convention. The article states that if a Japanese court orders that an abducted child should be returned to the country of the child’s habitual residence the child will nonetheless not be removed from […]
Hong Kong appears to be strengthening its commitment to the Hague Abduction Convention process. The focus on tougher exit controls to discourage international child abduction stands in sharp contrast to the U.S. “open borders / no exit controls” policy that greatly hinders U.S. efforts to deter international child abduction. See the following announcement (July 11, […]
(updated May 5, 2016) by Jeremy D. Morley Malaysia is not a party to the Hague Abduction Convention. Malaysia has refused to adopt the treaty, on the ground that it would purportedly contradict Shariah law, since that law bases child custody decisions to a substantial extent on religious, age and gender factors. Given that the […]
Country Summary: The Convention has been in force between the United States and Costa Rica since 2008. In 2021, 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, 67 percent of requests for […]
The news story below demonstrates why it is so important for the courts to listen to parents who are concerned that their children may be taken to countries that do not respect custody orders issued by the courts of the countries from which children are taken. The article concerns the abduction of a child to […]
In a Hague Abduction Convention case in the United States District Court in Savannah, Georgia, the Court relied on the opinions that I expressed in the 2020 edition of my treatise on International Family Law Practice that (a) international travel authorizations should normally be afforded only limited significance as evidence of consent to indefinite relocation […]
Manama – King of Bahrain Hamad bin Isa Al Khalifa issued on Sunday a Royal Order to form a legislative committee to review the new unified family law expected to be issued in the kingdom. The Royal Order 24/ 2017 directed that the committee be formed of Supreme Council for Islamic Affairs called Legislative Committee […]
Country Summary: India is not a party to the Convention and does not adhere to any protocols with respect to international parental child abduction. In 2017, India demonstrated a pattern of noncompliance. Specifically, the competent authorities in India persistently failed to work with the Department to resolve abduction cases. As a result of this failure, […]
The U.S. Court of Appeals for the Fourth Circuit has ruled – in Humphrey v. Humphrey, a Hague Convention child abduction case concerning the removal of children from England to Virginia – that a federal district court in Virginia committed a fundamental error when it held that the left-behind father must establish the children’s habitual […]
Country Summary: The Convention has been in force between the United States and Costa Rica since 2008. In 2021, 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, 67 percent of requests for […]
Delighted to have authored the chapter on International Child Abduction and Non-Hague Convention Countries in the Research Handbook on International Child Abduction, edited by Marilyn Freeman and Nicola Taylor. https://lnkd.in/eTvvgYQU
