Jeremy D. Morley Courts around the world generally reserve the right to invalidate prenuptial agreements that were entered into under duress. The meaning of “duress” can be extremely hard to determine in specific cases. Can there be duress when a young impecunious foreign woman moves to another country to marry a rich man who then […]
by Jeremy D. Morley(1) “Mirror” orders can be a useful tool in the arsenal of lawyers who handle cases concerning international child travel and the prevention of potential international child abduction. Increasingly courts are being asked to enjoin parents from taking children overseas because of a parent’s fear that the children will not be […]
Jeremy D. Morley In the case of Ferrari v. Romania, the European Court of Human Rights (Third Section), (Application no. 1714/10) has ruled (judgment dated 28 April 2015) that Romania violated Article 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms by failing to resolve a Hague Abduction Convention case […]
by Jeremy D. Morley Author of The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers, published by the American Bar Association. Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United […]
Jeremy D. Morley Swedish courts have divorce jurisdiction as provided in the European Union’s Brussels II bis regulation, if: a. Both spouses are habitually resident in Sweden; or b. Both spouses were last habitually resident in Sweden, and one still resides there; or c. The defendant is habitually resident in Sweden; or […]
by Jeremy D. Morley Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internationally. In a nutshell, a Hague Convention application may be made when a child is taken or […]
For the family law practitioner looking for more information on the Hague Abduction Convention, I recommended that you seek out my book: The Hague Abduction Convention: Practical Issues and Procedures for the Family Lawyer, available for purchase HERE on the ABA’s website. There is also a tremendous amount of information on my website regarding Hague matters, including the […]
The article below from the Guardian newspaper in England provides details about the failure of many countries to return children promptly to their habitual residence. The figures are startling in respect of one country in particular. This is the United States. The media in the U.S. has been full of criticism of other countries for […]
My new article, Comparing Divorce Jurisdictions in International Family Law: Procedure May Trump Substance, is in the current (June 2008) edition of The Matrimonial Strategist. It is also available on my website. When comparing possible jurisdictions for international family law cases, it is frequently important to focus on procedural matters and not simply to compare […]
We represent this English mother whose baby was taken from Texas to Mexico A young mother has told of her living hell after her baby son was abducted by his father. Samantha Lowry, who is from Swindon and now lives in the US state of Texas, hasn’t seen her three-month-old son Sebastian for six weeks.She […]
Japan’s new law on the choice of law is now in effect. It supersedes the law known as the “Horei Law.” The new law is entitled the “Ho no Tekiyo ni Kansuru Tsusoku,” meaning “Law on the General Rules of Application of Laws.” It will have a significant effect on international family law cases concerning […]
The introduction says: “His website, 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 divorce all on the increase. Jeremy provides us with a […]
Overseas custody rights: American parents struggle to reunite with children in JapanBy Charlie Reed, Stars and Stripes Pacific edition, Tuesday, August 4, 2009 It’s been six years, three weeks and one day since Navy Cmdr. Paul Toland last saw his only child, Erika — one of 118 Japanese-American children living in Japan and cut off […]
Overseas custody rights: American parents struggle to reunite with children in JapanBy Charlie Reed, Stars and Stripes Pacific edition, Tuesday, August 4, 2009 It’s been six years, three weeks and one day since Navy Cmdr. Paul Toland last saw his only child, Erika — one of 118 Japanese-American children living in Japan and cut off […]
