We are delighted that this weekend our client was able to fly back to Malaysia with his child, who had been abducted from Pakistan to Illinois, USA. Malaysia is not a party to the Hague Abduction Convention. In conjunction with local counsel in all applicable jurisdictions, we created a strategy for our client, counseled him […]
The following are excerpts, without footnotes, of an article published in the Judges’ Newsletter on International Child Protection Vol. XX, Summer – Autumn 2013. The full article is available on the website of the Hague Conference on Private International Law. Concentration of Jurisdiction under the Hague Convention of 25 October 1980 on the Civil Aspects […]
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 Convention has now been […]
Jeremy Morley I was accepted yesterday by both sides in a case in North Carolina as an expert in international child custody law and international child abduction law, and the laws and procedures of the same, and as these matters apply to Iran. I have previously provided expert evidence as to international child custody issues concerning Iran in […]
Grounds For Divorce in Korea A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Act. Both spouses need to agree and appear in court in Korea. Alternatively, the grounds for a judicial divorce in Korea (Art. 840) are: An unchaste act (adultery); Malicious desertion; Extreme […]
Jeremy D. Morley In 2013, Michigan enacted a law that provides that, unless both parents expressly consent, “a parenting time order shall contain a prohibition on exercising parenting time in a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction.” Prior to its enactment I opined that […]
Jeremy D. Morley The debate swirls in India as to whether or not that country should accede to the Hague Abduction Convention. When I was in India in September it appeared that the consensus of leading members of the legal community there was that India should, and would, sign the treaty, and would thereby join […]
Here are the provisions of Panama law concerning taking children out of Panama. As with other Latin American countries Panama has strong and efficient exit controls and in general it bars one parent or anyone else from taking children out of Panama without the express authorization of the other parent or a court order. PANAMA […]
It is our personal experience handling international child abduction cases in Germany (with local counsel) that serious problems apply with respect to the prosecution and satisfactory resolution of Hague Child Abduction Convention applications in Germany. The situation is so serious that we have written a letter to Secretary of State of State Condoleezza Rice and […]
China has now adopted its first law on the conflict of laws. Chapter 3 deals with foreign-related marriage and divorce issues. However, Chapter One is also relevant to any such case. Specifically with respect to divorce, the new law provides that if the parties themselves do not choose the law that will govern their divorce, […]
I am posting this to draw attention to what should be simply routine: the arrest of a parent after her abduction of her child. Hats off to California — the most progressive American state in this regard.By Sara EatonThe Journal GazetteMay 10, 2006Police arrested a California woman Monday on charges of violating a child custody […]
Islamic men who are foreign nationals but American residents often seek to divorce their spouses under the Sharia law prevailing in their country of origin rather than the secular law prevailing in the state of their marital domicile. Their intent is (a) to obtain an instant divorce by merely speaking certain words, (b) to take […]
16.11.2006 – 09:30 CET | By Teresa KüchlerEUOBSERVER / BRUSSELS – EU member states are lining up to attack a European Commission proposal to establish common rules for cross-border divorces which could – in an extreme scenario – see Iranian divorce rules applied in European courts in future.The proposal – called Rome III and presented […]
Problems arising from void or voidable marriages often do not create issues until many years after the fact and in quite expected ways. Such was the experience of one Kanadi Mohamed Ali, an Israeli citizen whose conviction for knowingly making a false statement under oath relating to naturalization, citizenship, or registry of aliens in violation […]
