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 […]
Jeremy Morley was interviewed by BBC Capital on the topic of International Prenuptial Agreements. Extracts from the article are attached below: Breaking up is hard to do — financially Andrea Murad, 7 January 2014 Prenuptial agreements around the world… Planning a wedding is stressful enough, so for many couples, considering how they would handle the […]
The U.S. Supreme Court has today, in Lozano v. Montoya Alvarez, upheld the Second Circuit ruling that the one year period in the “one year and settled” exception to the Hague Abduction Convention is not subject to equitable tolling. The decision is not surprising since that is what the treaty provides and the American equitable […]
By PETER J. SAMPSON http://www.northjersey.com/news/court-hands-win-loss-to-hackensack-law-firm-hasbrouck-heights-dad-seeking-girl-s-return-from-spain-1.857685 An appeals court has reversed a $424,000 award to the daughter of a Hasbrouck Heights man who sued a Hackensack law firm, claiming its release of her passport allowed the girl to be kidnapped to Spain by her mother in a bitter matrimonial split. At the same time, the state […]
Jeremy D. Morley The U.S. State Department has just issued its 2016 Annual Report on International Parental Child Abduction under the Sean and David Goldman International Child Abduction Prevention and Return Act. The Report cites 21 countries that either demonstrated a pattern of noncompliance as defined in the Act or otherwise failed to comply with […]
by Jeremy D. Morley www.international-divorce.com Japanese law provides only for sole custody. The Civil Code of Japan expressly and unambiguously provides that, when parents divorce, only one parent may be given parental authority over their child to the complete exclusion of the other parent, either by agreement or by order of the court (Article 819, […]
