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Family Law

International Family Law

International family law issues.
By Jeremy Morley

Post Frequency: 0.6/day

Last Entry: March 31, 2011 at 18:51:00

India Marriage Registration Call

Posted on October 30, 2007
The Times of India has endorsed a demand by the Supreme Court of India that all marriages in India be registered. In an editorial the newspaper states that: Marriage law is a touchy issue in India, especially for leaders of the Muslim community. The shadow of common civil code looms over any prospective legislation on the subject...

Korea?s New Family Registration Law

Posted on October 25, 2007
The South Korean Supreme Court has issued details of its implementation of the new family registration law, which will take effect on January 1, 2008. The new system will replace the traditional ?hoju? system, which the Constitutional Court in Korea declared unconstitutional as violating the right to gender equality...

Mahr ? Islamic Marriage Contract ? Held to be Not Enforceable

Posted on October 21, 2007
An Ohio court has reportedly ruled that a promise made as part of a mahr ? a dowry gift given by the groom to his bride upon an Islamic marriage ? could not be enforced at law. The Ohio Case The case in Ohio stemmed from the marriage of a Muslim couple ? the bride living in Ohio and the groom from Ireland...

Czech procedure for Hague Convention international child abduction cases

Posted on October 15, 2007
International child abduction cases in the Czech Republic will be assigned to ten specially-selected judges at the Brno District and Brno Regional courts, if a bill that was presented by the Czech Justice Minister Jiri Pospisil is adopted. The bill would create internal Czech rules for such cases that are brought under the Hague Convention on the Civil Aspects of International Child Abduction...

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Germany's Pattern of Noncompliance with Hague Child Abduction Convention

Posted on September 22, 2007
In an open letter to U.S. Secretary of State Condoleezza Rice in May 2006, this author vehemently protested what he asserted was Germany's noncompliance with its treaty obligations under the Hague Convention on the Civil Aspects of International Child Abduction...

Urgency required in child abduction cases

Posted on August 28, 2007
The English courts -- unlike the courts in many countries, including in many situations the United States -- insist that child abduction cases are resolved expeditiously. In the European Union, following the entry into force of the Brussels II bis Regulation, there is now an obligation that the entire process of child abduction cases be completed within six weeks...

Japan - New Law on Choice of Law

Posted on July 31, 2007
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 Japan, as well as in commercial matters...

Prenuptial Agreement Upheld in Singapore

Posted on July 26, 2007
The Singapore High Court has enforced a prenuptial agreement entered into in the Netherlands between a Swedish wife and a Dutch husband. TQ v. TR, [2007] SGHC 106; decision date July 11, 2007. The couple had lived together in England, had moved for a short time to the Netherlands, where they had married and executed the prenuptial agreement under Dutch law before a notary who had acted for both of them...

Pre-Nuptial Agreements: New York Tolls the Statute of Limitations

Posted on July 16, 2007
The New York legislature has passed a law that clears up what had been an enormous problem concerning the enforcement of prenuptial agreements in New York. New Section 250 of the Domestic Relations Law now provides that the three year statute of limitations for commencing an action or asserting a defense that arises from a pre-nuptial or post nuptial agreement is tolled until service of process has been completed in a divorce action or until one of the parties dies...

Mum fights for abducted baby's return

Posted on July 06, 2007
We represent this English mother whose baby was taken from Texas to MexicoA 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...

International Child Visitation

Posted on June 29, 2007
How can one parent stop the other parent from taking a child to visit a dangerous country?How can a parent make sure that a child will be returned if the other parent takes the child to visit his or her native country?Many international parents are justifiably becoming increasingly concerned about the answers to these questions...

New Jersey Child Relocation to Japan

Posted on June 12, 2007
The Supreme Court of New Jersey has unanimously upheld a decision allowing a Japanese mother to relocate with her six-year old child from their home in New Jersey to Okinawa, Japan over the strong objections of the American husband. The primary concern of the husband was that the provisions for his visitation with his daughter were unenforceable in Japan...

South Africa and the Hague Convention

Posted on June 06, 2007
South Africa?s Court of Appeal has blasted the failure of the courts below to order the prompt return of a child, now aged five, who was wrongfully retained in South Africa away from his then habitual residence in the Netherlands by his mother for 3� years...

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