The Council of Islamic Ideology (CII) of Pakistan ruled on March 31, 2007 that a woman who is raped should not be considered guilty of adultery and should be viewed under the law as a victim of rape. The ruling may reduce the impact of the Hudood Ordinances adopted in Pakistan in 1979 under which […]
For more than three years, Deepa Topiwalla fell asleep every night wondering where her young son was. She doesn’t have to wonder anymore. He sleeps in her bedroom in a small bed next to hers. After a court battle that took her halfway across the world, she has returned home to Cary with her son, […]
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 for Egypt: Country Summary: Egypt does not adhere to any protocols with respect to international parental child abduction, and left-behind […]
The U.S. Court of Appeals for the Sixth Circuit has issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox, File No. 07a0502p.06; decision dated December 28, 2007. The decision speaks to the role that undertakings should play in rulings that concern […]
On December 20, 2010 the European Union Council adopted the Rome III Regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Article 5 allows spouses to agree to designate the law applicable to divorce and legal separation provided that it is one of the following laws: (a) the […]
by Jeremy D. Morley* In an important decision issued yesterday, the U.S. Court of Appeals for the Second Circuit has ruled that the return of a severely autistic child to Italy under the Hague Abduction Convention would pose a “grave risk” of harm to the child sufficient to require the denial of the Hague return […]
England’s Supreme Court, its highest court, has today ruled in Radmacher v. Granatino, that “decisive weight” should be given to the German prenuptial agreement signed by a German heiress and her French husband. The husband had agreed that he would make no claims on Ms. Radmacher’s estimated £100m fortune. The trial court had followed established […]
On December 20, 2010 the European Union Council adopted the Rome III Regulation implementing enhanced cooperation in the area of the law applicable to divorce and legal separation. Article 5 allows spouses to agree to designate the law applicable to divorce and legal separation provided that it is one of the following laws: (a) the […]
An interesting German international family law case concerning a Syrian marriage has been summarized by Jurgen Basedow and Simon Schwarz: A Syrian couple filed for divorce before German courts whose jurisdiction was established under Arts. 1(1)(a), 2(1)(a) of the Brussels II-Regulation since the spouses had their habitual residence in Germany at that time. An important […]
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 […]
Adultery is a crime in Korea punishable by up to two years in jail. Now Ok So-Ri, a famous Korean actress who has been indicted for adultery, has petitioned Korea’s Constitutional Court to invalidate the 1953 law that criminalizes such conduct. In her complaint, her attorneys have argued that, “The adultery law constitutes a serious […]
by Jeremy D Morley In British Columbia, Canada, unmarried partners may be deemed to be in a “spousal relationship” that entitles them to be treated as spouses for the purpose of securing financial remedies upon the termination of the relationship as if they were actually married. Section 3 of the Family Law Act of British […]
My book, International Family Law Practice, has now been published. It can be ordered through West at http://west.thomson.com/productdetail/159300/40816680/productdetail.aspx West Publishing Co. Description: DescriptionThis title provides a practical approach for U.S. lawyers handling international family law matters. It focuses on international marriage and divorce, international prenuptial and postnuptial agreements, international divorce planning, recognition of foreign divorces, […]
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 […]
