Jeremy D. Morley In a landmark decision in 2010, Preeti Gupta v. State of Jharkhand, the Supreme Court of India lambasted the prevalent abuse of the infamous Section 498a of the Indian Penal Code law demanded that the legislature should change the law and directed that a copy of its decision be sent to the […]
by Jeremy D. Morley* Many children whose parents are separated are spending this summer away from home on vacation in the country of origin of one of their parents. Usually such visits are great, providing excellent and important benefits to the children and their parents. But sometimes – and it happens all too often – […]
The current issue of The Economist has an interesting article on international divorce law, the introduction to which is as follows: MARRIAGE may be about love, but divorce is a business. For global couples—born in different countries, married in a third, now working somewhere else and with children, pensions and other assets sprinkled over the […]
Over the past couple of years the Japanese Government has made a succession of statements concerning its purported intention to sign the Hague Convention on the Civil Aspects of International Child Abduction. These statements were quite effective in that they served to limit the international pressure on Japan to sign the treaty. Of course, more […]
Israel’s High Court of Justice has ruled that Israel’s rabbinic courts may not resolve divorced couples’ property and financial disputes unless they have explicit legal approval to do so. The Court rejected the rabbinic courts’ authority to serve as arbitrators in financial disputes, even though both parties had agreed to the proceeding.The Court held that […]
A campaign to speed up the listing of family cases involving divorce and vulnerable children at risk of serious harm has been launched by the Law Society.A survey has found that such cases are commonly being delayed for up to six months. The Central London Family Court is worst affected, with some 70% of respondents […]
Jeremy D. Morley The Indiana Court of Appeals has rendered a detailed analysis of the “escape clause” in the UCCJEA concerning the enforceability of foreign countries’ custody orders. Coulibaly v. Stevance, 85 N.E. 3d 911 (Ind. Ct. App. 2017). After a hearing, a court in Mali, West Africa, had awarded custody of the parties’ children […]
Expats with Children … Top Tips from an International Family Lawyer By Jeremy D. Morley* Before you move overseas, you absolutely must realize, understand and fully evaluate the fact that, if you are in a new country with a child, you may find yourself trapped there indefinitely if the other parent refuses to let you […]
Jeremy D. Morley www.international-divorce.com A New York court today, in a hotly contested case between Japanese parents living in New York, relied entirely on my expert evidence concerning Japanese family law and procedure in dismissing the application of one parent to relocate the parties’ Japanese children to Japan. The court ruled that there was “overwhelming […]
by Jeremy D. Morley www.international-divorce.com The Civil Code of Turkey (Article 336) expressly provides that, when parents divorce, only one parent may be given custody over their child to the complete exclusion of the other parent, either by agreement or by order of the court (Article 819, Turkey Civil Code). Parental authority includes both legal […]
In Bader v. Kramer, decided on April 17, 2006, the Fourth Circuit reviewed the meaning of the term “rights of custody,” which is one of the fundamental elements of any application under the Hague Convention on the Civil Aspects of International Child Abduction.The parties were married, lived in Germany, had a daughter in 1999 and […]
The Uniform Child Abduction Prevention Act is now in full force and effect in Michigan. The Michigan law reads as follows: M.C.L.A. § 722.1521 Sec. 1. This act shall be known and may be cited as the “uniform child abduction prevention act” M.C.L.A. § 722.1522 Sec. 2. As used in this act: (a) “Abduction” means […]
Country Summary: The United Arab Emirates does not adhere to any protocols with respect to international parental child abduction. In 2017, the United Arab Emirates demonstrated a pattern of noncompliance. Specifically, the competent authorities in the United Arab Emirates persistently failed to work with the Department of State to resolve abduction cases. As a result […]
My daughter at college is suddenly most impressed with the press that I have been receiving. Not that I’m referring to quotes in The Economist or the Times of London — mention of which received a bored “Oh Great! What else is up?” — but to the current issue of OK! Magazine, the place for […]
