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 […]
The Ninth Circuit has rendered an important decision on the Hague Convention on the Civil Aspects of International Child Abduction. Mendoza v. Miranda, (March 18, 2009). Article 12 of the Convention provides an affirmative defense to a Hague return application if the abducting parent can show that the petition for return was filed more than […]
Jeremy D. Morley The mature child’s objection exception to the Hague Abduction Convention employs very loose language that provides a trial court with great discretion. In a hotly-contested case that I won in the U. S. District Court for the Eastern District of New York on Friday the trial judge found that a child who […]
She’s only 7, a schoolgirl from Elizabeth, but Arianna Adan soon may change state, national and even international law. Legal briefs filed by two state agencies, a coalition of national organizations and her mother’s lawyers seek not only to block Arianna’s deportation in an international custody case, but also to change the way the United […]
Fūkibinran. Now that is a Japanese expression you don’t see around much these days. I bet many young Japanese readers don’t even know how to read the four kanji that make up this word: 風紀紊乱. It means something akin to “an affront to public morality,” “a breakdown in customary discipline” or, perhaps, “compromising love relations.” […]
Once a divorce case is settled, parties often experience “buyer’s or seller’s remorse’ but a just-decided New York case shows how tough it is to set aside a divorce settlement — even in an extreme case in which the value of an asset turns out to have been undervalued by many millions of dollars. In […]
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 […]
The European Court of Human Rights (the “ECHR”) continues to attack the Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”), including a decision issued in December 2011. In June 2010 in Neulinger & Shuruk v. Switzerland the ECHR ruled that the European Convention on Human Rights requires that courts may […]
The Superior Court in New Haven, Connecticut relied in substantial part on the expert evidence presented by Jeremy Morley as to family law in India in ruling that the mother of a young girl should not be allowed to travel to India with the child for a visit with family. The child’s father opposed the […]
Hong Kong appears to be strengthening its commitment to the Hague Abduction Convention process. The focus on tougher exit controls to discourage international child abduction stands in sharp contrast to the U.S. “open borders / no exit controls” policy that greatly hinders U.S. efforts to deter international child abduction. See the following announcement (July 11, […]
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 a hot topic with cross cultural marriage, migration and […]
From http://legalcurrent.com/2010/04/16/international-family-law-expert-offers-his-insight Practice tips Cases involving children, spouses and families can often be complicated when one country’s laws are involved. When those cases reach across borders and time zones the complexity increases. Now an attorney who the media has often turned to for help in understanding a complicated international family law issue – like child […]
Ten European countries are about to proceed with divorce law rules that will clarify which law applies to international marriages. The new rules will apply to Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain. The rules will apply when one spouse of a divorcing couple has a connection with one of the […]
The U.S. Department of State (“Department”), Office of Children’s Issues (CI), U.S. Central Authority has issued its report on compliance with the Hague Convention on the Civil Aspects of International Child Abduction, covering the period from October 1, 2009, through December 31, 2010. Notable points: 1. St.Kitts and Nevis was determined to be not […]
