The Monasky Case In Monasky v. Taglieri, 140 S. Ct. 719 (2020) the U.S. Supreme Court redefined “habitual residence” in Hague Abduction Convention cases to align with the international jurisprudence. U.S practitioners must now become familiar with the Court’s “totality-of-the-circumstances” test. The test has been in place in the European Union for at least a decade. The Court […]
For several reasons, India has become a safe haven for child abductors.First, India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. The Convention is the fundamental international treaty that protects the rights of abducted children and serves to have them returned promptly to the country of their […]
Jeremy D. Morley In a recent case in a state court in the United States, I testified as an expert witness that in my opinion if a parent were to relocate to Pakistan with the parties’ child, and were then to violate the rights of the left-behind parent, then: a. The courts in Pakistan would […]
Lawyers representing international clients who plan to marry and who want the protection of a prenuptial agreement should always consider the international ramifications of any proposed agreement. While conventional domestic prenuptial agreements raise grave malpractice concerns for family lawyers, the concerns become a hazardous minefield when the issues are multi-jurisdictional. In many ways the world […]
The Supreme Court of New Jersey has unanimously upheld a decision allowing a Japanese mother to relocate with her six-year old child from their home in New Jersey to Okinawa, Japan over the strong objections of the American husband. The primary concern of the husband was that the provisions for his visitation with his daughter […]
By NATION REPORTER Posted Thursday, November 8 2012 at 17:39 In Summary -Matrimonial Property Bill provides for equal legal status of men and women in marriage and recognises the capacity of either spouse to acquire separate property during marriage. Cabinet on Thursday passed into law Campaign Finance Bill, 2012, that will regulate and the amount […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our seventh post in a series here focusing on the twelve countries classified as “demonstrating patterns of noncompliance.” Today’s country is India. Country Summary: India does not adhere to any protocols with respect to international parental child abduction. In […]
Jeremy D. Morley The Hague Conference on Private International Law reports that the United States accepted Thailand’s accession to the Hague Abduction Convention on January 26, 2016 and that the treaty will enter force between the U.S. and Thailand with effect from April 1, 2016. Thailand acceded to the Convention in 2002 but the United […]
Jeremy D. Morley We have previously written — www.internationalprenuptials.com/prenups-in-india.html — that: India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage. Nevertheless, the global publicity about celebrity prenuptial agreements is encouraging more affluent people to consider the idea […]
by attorney Jeremy D. Morley, www.international-divorce.com A terrifically interesting issue is pending before the courts of Bangladesh. My client is a Japanese doctor in Tokyo. Her estranged husband abducted the children from Tokyo to Dhaka, Bangladesh. The Family Court in Tokyo has ordered their return, but the father has failed to comply with the order. […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our ninth post in a series here focusing on the twelve countries classified as “demonstrating patterns of noncompliance.” Today’s country is Jordan. Country Summary: Jordan does not adhere to any protocols with respect to international parental child abduction. In […]
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. Read more…
By Jeremy D. Morley Switzerland: Divorce Jurisdiction The Swiss courts have divorce jurisdiction if the plaintiff is domiciled (which essentially means permanently resident) in Switzerland, or if the defendant is domiciled in Switzerland, or if the plaintiff is a Swiss national residing in Switzerland. Article 51, Swiss Statute on Private International Law. In addition, the […]
Jeremy D. Morley Singapore Divorce Jurisdiction: Singapore courts shall have jurisdiction to hear proceedings for divorce, presumption of death and divorce, judicial separation or nullity of marriage only if either of the parties to the marriage is (a) domiciled in Singapore at the time of the commencement of the proceedings; or (b) habitually resident in […]
