A recently-decided case in Massachusetts sheds light on the growing problem of international couples and competing divorce jurisdictions. Qiuyue Shao v. Yue Ma. It also illustrates a serious problem that exists with Section 105 of the Uniform Child Custody Jurisdiction and Enforcement Act. Chinese-born married parents – characterized by the appellate court as “unusually mobile,” […]
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 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 […]
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 […]
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, […]
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. […]
Having worked on international child custody matters concerning Hungary for several years, and having consulted with Hungarian counsel on such issues, it is unfortunately clear that Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or retained in Hungary. My conclusions have […]
I had the great pleasure of lecturing in Tokyo this week on the Hague International Child Abduction Convention on a panel with The Hon. Justice Victoria Bennett of the Family Court of Australia. She was most impressive in discussing her insistence on sensible decision-making in international custody and abduction cases. A quick internet search of her name […]
Here is the full text of House Resolution 1326, passed almost unanimously by the U.S. House of Representatives today, September 29, 2010, condemning Japan’s “abduction and wrongful retention” of children — including the children of several of my clients — and urging Japan to act “immediately” to resolve cases involving U.S. parents. 111th CONGRESS, 2d Session, H. RES. […]
I’m pleased to announce the publishing of my new book: The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers. The book covers all critical aspects of the Hague Convention, including procedural and practical issues, habitual residence, consent and acquiescence, rights of custody, common exceptions to the treaty, the child’s objections, and international relocation […]
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 […]
We have succeeded twice in recent weeks in securing the return to their homes in the United States of children who were abducted by a parent to India. The results were not accomplished through the Indian legal system, which is generally not helpful in this area. Instead we used less formal means of applying appropriate […]
When should a court take steps to prevent possible international child abduction by a foreign national parent? This issue is critical to many parents but many courts — and even many family law lawyers — do not give the issue the serious consideration that it must be given. The consequences of international parental child abduction […]
This article from ABC News is based in part on an interview with me. Notwithstanding the information in the article, there are some things that can be done in case of child abduction to Japan, though rarely using the Japanese “system.” Kaya Wong’s parents never imagined they would be able to have a baby. Born […]
