Jeremy D. Morley The Secretary of State’s office advises judges that “the United States does not have exit controls. This means that U.S. citizens may leave the country without interference from or detection by the U.S. government. Additionally, the Department of State cannot track a child’s ultimate destination through his or her use of a […]
Jeremy D. Morley The Department of Homeland Security, U.S. Customs and Border Protection (CBP), in coordination with the U.S. Department of State and other federal agencies, has had for some time a program – which our office has frequently used – to prevent the departure of a child from the United States when presented with […]
A couple in their 20s, who have a five-month-old son, have filed a suit with the Tokyo District Court against the Japanese government, challenging the constitutionality of Article 733 of the Civil Code which prohibits only women from remarrying within six months after getting a divorce. The couple, who are from Shizuoka Prefecture, said in […]
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 […]
By Jeremy D. Morley www.international-divorce.com U.S. Senators Feinstein and Tillis have written to Secretary of State Mike Pompeo urging him to increase efforts to bring abducted American children back home to the United States by using all of the tools and resources at the State Department’s disposal. They have specifically criticized the State Department for […]
Ireland’s divorce courts are overloaded and need a complete overhaul to make breaking up fairer and less of a bank-breaking ordeal, an expert report on the secrecy-shrouded system concluded Tuesday. The government-commissioned report, which offered 45 recommendations to fix the system, faulted the government for doing much too little since the 1997 legalization of divorce […]
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 […]
Here is a scary article in the current issue of Forbes concerning the potential dangers of filing a joint U.S. tax return. Marriage Trap: Before you sign a joint tax return, consider the consequences–and these IRS horror stories. Robert W. Wood, 06.27.11 For better, for worse, for richer, for poorer,” goes the classic wedding vow. […]
There are reports from Norway of an international re-abduction case involving the Norwegian Foreign Ministry, the Norwegian Embassy in Morocco and Special Forces officers of the Norwegian Navy. The case has led to an international crisis between Morocco and Norway. Morocco is not a party to the Hague Convention on the Civil Aspects of International […]
By SUSAN CHRISTIAN GOULDING | [email protected] | Orange County Register 8/29/17 In an alternate life, Keisuke Collins would have started high school last week as a freshman at Foothill High. But in reality, Keisuke lives an ocean away from Orange County and from the father who misses him. In the wake of a bitter divorce, […]
As a means of preventing international child abduction, the English High Court has issued a consent judgment requiring that a mother be “electronically tagged” before being allowed to visit her child. Re A (A Minor) March 17, 2009. The mother had wrongfully removed her child from England to her (unnamed) country of origin on two […]
In a case in which an American father alleged that the child’s mother, a Moroccan-born dual U.S. and Moroccan citizen, had threatened to abduct their young child to Morocco, an Alabama appeal court has upheld a lower court order that awarded custody to the father and that required that the mother have only supervised visitation […]
Turkey and International Child Abduction by Jeremy Morley Turkey has a record of failing to comply with international norms concerning the return of internationally abducted children and the Hague Abduction Convention. Courts in Turkey have frequently insisted that a Hague case requires the courts to conduct a full and lengthy “best interests” evaluation. Such practices […]
Jeremy D. Morley Interesting and difficult jurisdictional questions frequently arise when a parent unilaterally removes a child from another country into the United States. How long has the child been absent from the jurisdiction in which the left-behind parent seeks to have the case heard? Was the child “kidnapped” or was the parent within […]
