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Family Law

International Family Law International Family Law

International family law issues.
By Jeremy Morley

Post Frequency: 0.7/day

Last Entry: May 22, 2013 at 10:18:00

Recent Entries: 232

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Status of Korea?s Accession to the Hague Abduction Convention

Posted on May 22, 2013
As has been recently reported by the U.S. State Department: ·        The Republic of Korea is one of only a handful of East Asian countries that has acceded to the Hague Abduction Convention. ·        The Republic of Korea acceded to the Convention in December 2012, and the Convention went into force for the Republic of Korea on March 1, 2013...


How to Win a Hague Convention Child Abduction Case

Posted on May 10, 2013
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...


Argentina Not Compliant with Hague Abduction Convention

Posted on May 08, 2013
Argentina has been declared ?Not Compliant? with the Hague Abduction Convention in the U.S. State Department?s latest annual report on compliance with the Convention.  In the previous year it was merely listed as a country having ?enforcement concerns...


Compensation for International Child Abduction Victims

Posted on May 06, 2013
Our client, Moses Garcia, eventually succeeded in securing the return of his daughter to Wisconsin from Japan. He did so despite the rulings of Japanese courts that they would not implement the custody orders of the Wisconsin courts, where the child was living prior to her abduction...


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British Columbia Law Changes: Marriage-Like Relationships & ?Family Property?

Posted on March 21, 2013
Effective March 18, 2003, there has been a major change in the marriage laws of British Columbia, Canada. The new Family Law Act is now in full force and effect. It replaces the Family Relations Act.  Couples of the same or opposite gender who are in a ?marriage-like? relationship for more than two years are treated as ?spouses? for the purposes of the law and are subject to the same property-division rules as married people...


Japan?s Potential Ratification of the Hague Convention: An Update

Posted on March 16, 2013
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...


Small World, Big Problem: Divorces Involving Dual Citizenship

Posted on January 11, 2013
By Jeffrey LandersThe world is getting smaller and smaller. We live in a global society fueled by a global economy. International travel has never been easier. And now, thanks to the internet, we?re all connected in new ways and with fewer barriers than ever before...


Senate Resolution Condemning International Child Abduction

Posted on December 05, 2012
The U.S. Senate has today passed a ?Bipartisan Resolution Calls on Countries to Do More to Prevent and Resolve Cases of Children Abducted by Parents Across International Borders.?The Resolution should be useful when seeking to prevent potential abduction to Japan, India, and Egypt, since those countries are specifically ?reprimanded...


Qatar?s Child Custody Law

Posted on November 28, 2012
Jeremy D. Morley*Qatar?s law as to child custody is Sharia law and is codified in the Qatari Law of the Family, Law no. 22 of 2006. All child custody disputes are decided by Qatari courts based on Islamic Sharia law, regardless of the religion of the parents...


Panama ? Removal of Children from Panama

Posted on November 27, 2012
Here are the provisions of Panama law concerning taking children out of Panama. As with other Latin American countries Panama has strong and efficient exit controls and in general it bars one parent or anyone else from taking children out of Panama without the express authorization of the other parent or a court order...


Michigan?s Flawed Proposal to Limit International Child Abduction

Posted on November 13, 2012
by Jeremy D. MorleyJeremy D. Morley is the author of The Hague Abduction Convention, published by the American Bar AssociationA draft law in Michigan, which recently received unanimous approval from the Michigan Senate, would require that all Michigan child custody orders must prohibit a parent from taking a child to a country that is not a party to the Hague Convention on the Civil Aspects of International Child Abduction...


Back Home From The UAE

Posted on November 09, 2012
We are thrilled to advise that our client, Stacy Peters, has returned to the United States with her two children.Her oldest child was the subject of a lengthy and hotly-contested international custody battle. Our client is overjoyed and very grateful but she now asks for some time alone with her children...


Ugandan Divorce Law: Cabinet approves laws on pre-nuptial contracts, elections funding

Posted on November 09, 2012
By NATION REPORTERPosted Thursday, November 8 2012 at 17:39In Summary-Matrimonial Property Bill provides for equal legal status of men and women in marriage and recognises the capacity of either spouse to acquire separate property during marriage.Cabinet on Thursday passed into law Campaign Finance Bill, 2012, that will regulate and the amount of money to be used during elections...


Saudi sharia judges decry Westernizing "stench" of legal reforms

Posted on November 08, 2012
By Angus McDowallRIYADH Tue Nov 6, 2012 (Reuters) - Saudi judges who enforce sharia (Islamic law) have condemned what they see as "the stench of Western ideas" in sweeping legal reforms pushed by King Abdullah, underscoring friction between government modernizers and religious hardliners...


Testimonials

Posted on November 08, 2012
Testimonials: We receive a constant stream of unsolicited testimonials about our services in international family law, especially concerning international child abduction and international child custody. Please see our Testimonials page at our full site here:  http://www...


Hague Convention 1996 comes into force in UK on 1st November

Posted on November 06, 2012
From: Family Law WeekConvention strengthens the authority of child?s habitual residence The Hague Convention 1996 on the International Protection of Children comes into force in the UK from 1 November 2012.The Convention has uniform rules determining which country's authorities are competent to take the necessary measures of protection...


International Family Law: ABA Conference

Posted on October 17, 2012
Please follow the below link to view my Power Point presentation on International Family Law Issues at the recent ABA Conference in Philadelphia:International Family Law


Law Panel Wants Anti-Dowry Law Toned Down

Posted on October 04, 2012
Section 498A of the Indian Penal Code creates a real and distinct danger for any non-resident Indian husband who may need to secure the assistance of the Indian authorities in any child custody case. The law provides for the punishment of the husband and his relatives if a married woman is subjected to cruelty which is likely to drive a woman to commit suicide or cause grave physical or mental injury to her, and harassment with a view to coercing her or any of her relatives to meet any unlawful demands of property...


European Court Hearing in Important Hague Case

Posted on October 02, 2012
An extremely important case concerning the Hague Convention on the Civil Aspects of International Child Abduction will be argued in a few days before the Grand Chamber of the European Court of Human Rights. The case is X v. Latvia (ECHR Application no...


Book Announcement: Hague Abduction Convention

Posted on October 01, 2012
I'm pleased to announce the publishing of my new book: The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers.  The book covers all critical aspects of the Hague Convention, including procedural and practical issues, habitual residence, consent and acquiescence, rights of custody, common exceptions to the treaty, the child's objections, and international relocation and travel...


A (Somewhat) Happy Ending to a Japanese Child Abduction Case

Posted on September 26, 2012
Here is an update about an international child abduction case in which we provided extensive and continuing behind-the-scenes strategic advice to the left-behind father and his local lawyers.Most parental child abductions to Japan end up very badly. This is an exception to the rule...


An Update Concerning Japan?s Continuing Failure to Sign the Hague Abduction Convention

Posted on August 23, 2012
Over the past couple of years the Japanese Government has made a succession of statements concerning its purported intention to sign the Hague Convention on the Civil Aspects of International Child Abduction. These statements were quite effective in that they served to limit the international pressure on Japan to sign the treaty...


Preventing International Travel: Connecticut Court Relies on Jeremy Morley's Expert Testimony

Posted on August 15, 2012
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...


International Child Relocation & the Plight of the Expat Spouse

Posted on August 10, 2012
by Jeremy D. MorleyJune 1, 2012 ? for Australian Family LawyerInternational child relocation is a hot issue in the States as it is in Australia. And some hot issues just don?t get solved.We?ve been trying a case for weeks (on and off) in New York between two French parents, one of whom wants to relocate to Paris...


ABA BOOK: The Hague Abduction Convention: Practical Issues and Procedures for the Family Lawyer

Posted on August 09, 2012
Announcing the Publication ofThe Hague Abduction Convention: Practical Issues and Procedures for the Family Lawyerby Jeremy D. MorleyA NEWLY RELEASED BOOK PUBLISHED BY  BY THE AMERICAN BAR ASSOCIATION Every family lawyer should understand the workings of the Hague Convention on the Civil Aspects of International Child Abduction...


Turkey and International Child

Posted on July 30, 2012
Turkey and International Child Abductionby Jeremy Morley Turkey has a record of failing to comply with international norms concerning the return of internationally abducted children and the Hague Abduction Convention. Courts in Turkey have frequently insisted that a Hague case requires the courts to conduct a full and lengthy ?best interests? evaluation...


Client Returns Child to Brazil under Hague Convention

Posted on June 15, 2012
We are very pleased that, working with local counsel Jean-Paul Gallelli, we have secured the return of our client's child from California to Brazil under the Hague Abduction Convention, pursuant to a successful application to the Superior Court in Los Angeles...


Preventing International Travel: Bali, Indonesia

Posted on June 13, 2012
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 if the court allowed the father to take his two minor children there, the only available recourse to the mother would have been through the Indonesian courts in the event of a wrongful retention...


No-Fault Divorce: New York

Posted on May 11, 2012
Please follow the link below for my article "Letter from New York," appearing in the Autumn 2012 publication of Australian Family Lawyer.  This article covers the newly enacted no-fault divorce law in New York State.  http://www.international-divorce...


Dubai vs. U.S.: International Child Custody Case

Posted on May 08, 2012
From an article concerning a case in which we are working on getting a baby back from Dubai, United Arab Emirates Clarksville, TN--Stacy Peters returned to her family?s home in Dubai United Arab Emirates (UAE) on March 27 to a nightmare that has left her fighting for the chance to once again see her now-16-month-old daughter, Caroline Grace Peters...


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