An Interview with Jeremy Morley – of International Family Law in NY In researching child relocation and abduction law, I came across Jeremy Morley. His website, www.international-divorce.com, was very informative about the subject – something lawyers are not always known for. I decided to call and interview Jeremy, as the subject of child abduction and relocation is currently […]
Kyodo News International March 18, 2014 More than 40 Japanese lawmakers set up a group Tuesday with an aim to enact legislation to ensure visitations between children and their parents separated due to divorce or marital disputes in Japan. The lawmakers from both ruling and opposition parties will strive to prevent severance of the […]
by Jeremy D. Morley International prenuptial agreements – meaning prenuptial agreements between people who are from different countries or who might relocate to another country – are always tricky because they raise issues about two or more different legal systems and two or more different cultures. They generally require expert input from lawyers with substantial […]
In an open letter to U.S. Secretary of State Condoleezza Rice in May 2006, this author vehemently protested what he asserted was Germany’s noncompliance with its treaty obligations under the Hague Convention on the Civil Aspects of International Child Abduction. http://www.international-divorce.com/germany_-_open_letter.htm The letter focused on a pattern of lengthy delays and stalling that was preventing […]
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 […]
By Jeremy Morley This week the Abbott case – the only Hague abduction case ever to get the U.S. Supreme Court — was finally dismissed, but only because the child turned 16 and the Hague Convention applies only to children under that age. The case is known for the fact that U.S. courts finally accepted […]
In a recent Nevada case, I was asked to testify as an expert concerning the risk of a child’s international travel to Bali, Indonesia. The Nevada Court relied upon my expert testimony as to Indonesian law and practices concerning child abduction. Indonesia is not a signatory to the Hague Convention on International Child Abduction, and […]
Jeremy D. Morley www.international-divorce.com A recent case in Iowa illustrates some of the issues that arise when one parent wants to take a child living in the United States to visit Israel. In Marriage of Stern, 2015 WL 568584 (Table) (Iowa App.,2015), a father who resided in Israel successfully challenged a geographical restriction that limited […]
Country Summary: The Convention has been in force between the United States and Peru since 2007. In 2017, Peru demonstrated a pattern of noncompliance. Specifically, Peru’s judicial branch regularly failed to implement and comply with the provisions of the Convention. As a result of this failure, 36 percent (four cases involving five children) of requests […]
Jeremy D. Morley Grounds for Divorce in Korea A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Code. Both spouses need to agree and appear in court in Korea. Alternatively, the grounds for a judicial divorce in Korea are: 1. An unchaste act […]
Korea’s top court has ruled that sexual relations outside marriage committed during consensual divorce proceedings was not a criminal act. Under current Korean law, adulterous relations are considered a criminal act and those found guilty can receive jail sentences of up to two years. The Supreme Court overruled a lower court’s conviction of a 57-year-old […]
The article below updates Japan’s attempt to handle the issue of international child abduction. It highlights the fact that there is substantial misunderstanding within Japan concerning the entire issue of child custody and how the country’s accession to the Hague Convention would work. There is a very long way to go until Japan returns abducted […]
Jeremy D. Morley The Supreme Court of Korea issued an extremely important ruling on child custody in May 2020. Supreme Court Decision 2018Meu15534 Decided May 14, 2020 [Divorce]. The issue concerned whether a court had the power to order joint custody in a case in which the parents were in fundamental disagreement. The governing Korean […]
The U.S. Court of Appeals for the Sixth Circuit has issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox, File No. 07a0502p.06; decision dated December 28, 2007. The decision speaks to the role that undertakings should play in rulings that concern […]
