Non-resident Indians always face the risk that, when their marriage breaks down, one spouse will run to India, often with the parties’ child or children, hoping for a better result in the Indian courts than in the American courts. Sometimes the children are used as hostage for a better financial settlement. It is now reported […]
Book Review – “International Family Law Practice” by Jeremy Morley Jeremy Morley’s book is aimed mainly at US family lawyers whose work, either frequently or occasionally, involves international elements. It is not only an important resource for such US lawyers, but it is also a very helpful introduction to international issues for family lawyers from […]
The Barbados Family Law Council is reportedly in favor of amending the Barbados Family Law Act, which governs divorce and related issues in Barbados but which is now 25 years old. The amendments under consideration include: A procedure for streamlined case management, focused on keeping one case before the same judge for all proceedings; The […]
By Kirsten Brown (AXcess News) Washington – Four fathers quietly filed into a theater to watch “Abduction: The Megumi Yokota Story,” a documentary about North Korea’s kidnapping of Japanese citizens in the 1970s and 1980s. If the names Walter Benda, Patrick Braden, Chris Kenyon and Paul Toland don’t sound Japanese, it’s because they’re not. But […]
An Irish court has ruled in a Hague Abduction Convention case that a child of just six years of age should be heard by the Court in determining whether to return the child to his habitual residence in another (unnamed) European Union country. N. -v- N. [hearing a child], [2008] IEHC 382. Ms Justice Finlay […]
Jeremy D. Morley www.international-divorce.com Here are some tips from attorney Jeremy D. Morley — who has worked on hundreds of Hague cases and is the author of the American Bar Association treatise on The Hague Abduction Convention — for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on […]
Jeremy D. Morley Courts in the United States have followed differing paths concerning an unmarried partner’s financial claims arising out of their cohabitation. The rule in New York is that a contract as to earnings and assets may not be implied in law from the relationship of an unmarried couple living together, but that such […]
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 […]
Friday, November 4, 2016 by Rosario Vignali New York’s appellate departments are now unified with respect to their interpretation of Article 10(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention). The issue of whether Article 10(a) of the Hague Convention permits service […]
The article below describes a case in which a Thai marriage was purportedly dissolved at a Thai consulate in the U.S. Decades later the U.S. Citizenship and Immigration Services asserted that the divorce would not be recognized in the United States and demanded that the parties be deported. Although this case ultimately had a happy […]
The U.S. State Department has recently released their annual report on International Child Abduction. Below is our eighth post in a series here focusing on the twelve countries classified as “demonstrating patterns of noncompliance.” Today’s country is Japan. Country Summary: The Hague Abduction Convention entered into force between the United States and Japan in 2014. […]
The global economic collapse has had divorced clients running to their lawyers seeking to rewrite divorce settlements or overturn divorce judgments that were made when assets value were far higher. An English appeal court has just issued a key ruling on the issue of whether a court’s final judgment dividing divorcing parties’ assets can be […]
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 […]
Many people have requested access to my PowerPoint presentation on U.S. Prenuptial & Postnuptial Agreements. The presentation can be accessed at this link. The presentation was at the Symposium on International Pre- and Post-Nuptial Agreements hosted by Family Law in association with the International Academy of Matrimonial Lawyers on March 8 2011 in London. It was “an essential seminar […]
