The U.S. State Department has just issued its 2017 Annual Report on International Parental Child Abduction under the International Child Abduction Prevention and Return Act (ICAPRA). The following is the Country Summary and related information from the first country listed as “Noncompliant” in the report, Argentina: Country Summary: The United States and Argentina have been […]
Jeremy D. Morley Prenuptial agreements for international people based in Hong Kong may be tremendously useful but must be carefully drafted by counsel with international experience and knowledge, says international family lawyer Jeremy D. Morley. The same applies to post-nuptial agreements in Hong Kong. It should be noted that nuptial agreements between the parties are not included in the list of factors that the […]
Karen Mazurkewich, Financial Post Published: Saturday, December 27, 2008 Francois Larivee is fighting for the return of his five-year-old son from Brazil. But being on the right side of the law is cold comfort to the 38-year-old businessman. He has won two court decisions in Brazil, and has followed The Hague Convention on the Civil […]
Country Summary: The Convention has been in force between the United States and Honduras since 1994. In 2021, Honduras demonstrated a pattern of noncompliance. Specifically, the Honduran Central Authority regularly failed to fulfill its responsibilities pursuant to the Convention. Additionally, Honduran law enforcement regularly failed to enforce a return order rendered by the judicial authority […]
We have commented previously on the abusive “498a Law” that was well-intentioned in its enactment but which is frequently misused in India as a means of blackmailing non-resident Indian husbands. Please see: The Home Ministry of the Government of India has requested the Law Commission of India “to consider whether any amendments to s.498A of […]
Country Summary: The United Arab Emirates does not adhere to any protocols with respect to international parental child abduction. In 2019, the United Arab Emirates continued to demonstrate 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 […]
Australian child custody law presumes that it is in the best interests of the child for each of the child’s parents to have equal shared parental responsibility. (Australia’s Family Law Amendment (Shared Parental Responsibility) Act 2006). This presumption has reportedly created significant damage. Judge Graham Mullane has reported to the Association of Family and Conciliation […]
Country Summary: The Convention has been in force between the United States and Austria since 1988. In 2021, Austria demonstrated a pattern of noncompliance. Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention, and law enforcement regularly failed to enforce return orders rendered by the judicial authority in […]
Jeremy D. Morley An appeal court in New York has issued an important ruling on the issue of whether a woman who relocates to another state while she is pregnant is barred from having a future custody case being heard in the new location. The Appellate Division, First Department of New York’s Supreme Court rejected […]
Jeremy D. Morley [email protected] I have long asserted that India is a safe haven for international child abduction. See, e.g. I have frequently provided expert evidence on this issue, including in cases in many U.S. states, as well as Canada and Australia. In May 2019, the U.S. Department reported, in its Annual Report on International Child Abduction, that India does […]
The National Center for Missing & Exploited Children has announced that as of April 1, 2008 it will no longer handle any aspect of incoming child abduction cases arising under the Hague Convention on the Civil Aspects of International Child Abduction. As the U.S. Central Authority, the U.S. Department of State has decided to assume […]
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 […]
The Office of Children’s Issues of the U.S. State Department’s Bureau of Consular Affairs, has recently released the annual report on Hague Convention compliance. The report details various issues of non-compliance with member countries. It places countries under two categories; “Not Compliant” and “Demonstrating Patterns of Noncompliance,” with the former category signaling more serious compliance […]
July 17, 2015 By Jeff Sagnip The leading State Department official in the Obama Administration tasked with resolving international parental child abductions conceded today that the administration’s first report issued on international child abductions had mistakes and would be corrected in the weeks ahead, and that the Department would work to produce better annual reports […]
