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Family Law

International Family Law

International family law issues.
By Jeremy Morley

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

2010 Hague Abduction Convention Compliance Report

Posted on May 21, 2010
The U.S. State Department has just issued its latest "Report on Compliance" with the Hague Abduction Convention. Astonishingly it lists three countries as not compliant (Brazil, Honduras and Mexico) but it lists just one country - Bulgaria - as "Demonstrating Patterns of Noncompliance...

More Pressure on Japan & International Child Abduction

Posted on May 06, 2010
See the article below on Japan. Dateline NBC will be airing a piece on the case of my client, Christopher Savoie, this Sunday, May 9 at 7:00 pm EST.US lawmakers threaten Japan on child custody(AFP) WASHINGTON ? US lawmakers threatened to punish Japan unless it worked to reunite hundreds of children with foreign parents, accusing Tokyo of violating human rights through its custody laws...

Czech Custody Law Changes

Posted on April 30, 2010
Prague Post, April 28, 2010 by Gabriella HoldA ruling by the Czech Constitutional Court promises to make it easier for fathers to gain custody of their children, with the court saying cases should be decided according to a child's best interests. While the decision could have a widespread impact, as one in two Czech marriages ends in divorce, critics say it pays little more than lip service to the rights of fathers...

Morocco. Hague Abduction Convention. Update.

Posted on April 20, 2010
Morocco has acceded to the Hague Convention on the Civil Aspects of International Child Abduction, effective June 1, 2010. It is the 82nd party to the treaty.Thus far Morocco?s accession has been accepted by only two countries, Israel and the Netherlands...

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Supervised Visitation to Prevent International Child Abduction

Posted on April 20, 2010
In a case in which an American father alleged that the child?s mother, a Moroccan-born dual U.S. and Moroccan citizen, had threatened to abduct their young child to Morocco, an Alabama appeal court has upheld a lower court order that awarded custody to the child and that required that the mother have only supervised visitation with the child...

"International family law expert offers his insight"

Posted on April 16, 2010
From http://legalcurrent.com/2010/04/16/international-family-law-expert-offers-his-insightPractice tipsCases involving children, spouses and families can often be complicated when one country?s laws are involved. When those cases reach across borders and time zones the complexity increases...

Female Saudi Family Lawyers May No Longer Need Male Guardian

Posted on April 14, 2010
A Saudi news service reports that the Saudi Justice Minister plans to draft a law allowing female lawyers to try family law cases in court. Currently Saudi women are not allowed to enter courts alone. They need to be accompanied by a male guardian, not only if they are parties to a dispute but also if they are lawyers...

Proposed New European Choice of Law Divorce Rules

Posted on March 29, 2010
Ten European countries are about to proceed with divorce law rules that will clarify which law applies to international marriages.The new rules will apply to Austria, Bulgaria, France, Greece, Hungary, Italy, Luxembourg, Romania, Slovenia and Spain. The rules will apply when one spouse of a divorcing couple has a connection with one of the listed countries...

Japan & International Child Abduction: An Update

Posted on February 24, 2010
The article below updates Japan?s attempt to handle the issue of international child abduction. It highlights the fact that there is substantial misunderstanding within Japan concerning the entire issue of child custody and how the country?s accession to the Hague Convention would work...

Morocco ? Norway International Child Abduction Inter-Governmental Battle

Posted on February 05, 2010
There are reports from Norway of an international re-abduction case involving the Norwegian Foreign Ministry, the Norwegian Embassy in Morocco and Special Forces officers of the Norwegian Navy. The case has led to an international crisis between Morocco and Norway...

Child custody fights could hurt US-Japan ties

Posted on February 04, 2010
The U.S. Government is clearly asserting more pressure on Japan to change its ways than ever before. See article below. On Saturday envoys from Australia, Britain, Canada, France, Italy, New Zealand, Spain and the United States met with Japanese Foreign Minister Katsuya Okada on this issue...

Australian International Child Custody Problems

Posted on January 29, 2010
We have previously expressed concerns about the impact of Australian child custody law on international family law situations.See:http://www.internationalfamilylawfirm.com/2008/11/australias-child-custody-law.htmlhttp://www.internationalfamilylawfirm...

We Wrote the Book on International Family Law

Posted on January 28, 2010
Our book, International Family Law Practice, by Jeremy D. Morley, is available on the West Publishing website.It 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, international child support and custody, international relocation of children, and international child abduction...

Netherlands: Changing Hague Abduction Case Practice

Posted on January 26, 2010
It is reported that the Dutch State will no longer take legal action against Dutch citizens in cases of international child abduction, under a legislative amendment agreed by the Dutch cabinet. Currently, the Dutch Central Authority -- which is the part of the Justice Ministry responsible for the implementation of the 1980 The Hague Child Abduction Treaty --acts as the legal representative of the foreign parent when a child is abducted by the Dutch parent to the Netherlands...

International Child Abduction a Growing Problem

Posted on January 21, 2010
In many cases, parents abduct their own children when marriages fail and return home where local laws protect them. In some cases the abducted children never see the other parent again.Child abduction is one of a parent's worst fears, and for a growing number of parents around the world, this fear is being realized and compounded by international custody disputes...

Expert Testimony in International Family Law Cases

Posted on January 19, 2010
Jeremy D. MorleyExpert testimony is frequently needed in international family law cases.International family lawyers are frequently called upon to act as expert witnesses. Such testimony is often secured in cases concerning international child abduction, particularly in cases in which one parent is seeking to prevent the other parent from having overseas visitation with the child or relocating with the child to another country...

International Child Abduction: U.K. Figures Reflect Badly on U.S.

Posted on January 19, 2010
The article below from the Guardian newspaper in England provides details about the failure of many countries to return children promptly to their habitual residence. The figures are startling in respect of one country in particular. This is the United States...

Dubai - Unmarried Sex More Criminal Than Rape

Posted on January 10, 2010
A British woman arrested in Dubai for sex outside marriage after making a rape complaint hopes a hasty wedding to her fiance will result in her being freed, British papers say. The 23-year-old said she was raped by a waiter at a hotel where she was celebrating her engagement to her 44-year-old boyfriend on New Year's Eve...

Non-Resident Indians and International Child Abduction

Posted on December 21, 2009
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...

Japan and International Child Abduction

Posted on November 17, 2009
Policy hurts Japanese nationals too Lawyer for Christopher Savoie foresees curbs on visits 'home' with kidsBy JEREMY D. MORLEYIn the debate about whether Japan should sign the Hague abduction convention, a serious consequence of Japan's failure to ratify the treaty is being overlooked...

People in Glass Houses ?

Posted on November 13, 2009
Does the U.S. comply with the Hague Abduction Convention?By Jeremy MorleyThe United States Congress has instructed the U.S. Secretary of State to issue annual reports evaluating the compliance by other countries of their obligations under the Hague Abduction Convention...

Korea Reportedly Moving Towards Signing the Hague Abduction Convention

Posted on October 25, 2009
Korea is apparently taking steps towards signing the Hague Abduction Convention.This would be a major step forward in the prevention of international child abduction. Korea Mulls Signing Treaty to Protect KidsKorea is moving to sign an international treaty to protect children against parental abuse and possible abduction in cases of multi-cultural marriage breakdown...

Japan ? Leading Haven for International Parental Child Abduction

Posted on October 18, 2009
The firestorm of publicity that we generated concerning the case of my client, Chris Savoie, whose kids were abducted to Japan by their Japanese mother, has now led to an official demand by eight countries that Japan stop its practice of providing a safe haven for international child abduction...

Publication of International Family Law Practice

Posted on October 04, 2009
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.aspxWest Publishing Co. Description:DescriptionThis title provides a practical approach for U...

Tagging to Prevent International Child Abduction

Posted on August 20, 2009
Time magazine has an interesting article on the technological advances in Seoul, Korea, entitled Seoul: World's Most Wired Megacity Gets More So.Part of the article caught my eye because it has great application in preventing international child abduction:Earlier this year, the city rolled out U?safety zones for children, a program using security cameras, a geographic-information-system platform and parents' cell-phone numbers...

American parents struggle to reunite with children in Japan

Posted on August 03, 2009
Overseas custody rights: American parents struggle to reunite with children in JapanBy Charlie Reed, Stars and StripesPacific edition, Tuesday, August 4, 2009It?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 from their American parents...

Consent and the Hague Abduction Convention

Posted on June 24, 2009
The English Court of Appeal has just issued a significant ruling on the issue of consent in a Hague abduction case. In re P-J (Children) (Abduction: Consent), [2009] EWCA Civ 588; [2009] WLR (D) 207, dated June 23, 2009. It frequently happens that one parent tells the other parent that the or she can take the children to live in a specific country at some point in the future or upon the fulfillment of a specified condition...

Japanese Child Abduction Developments

Posted on June 16, 2009
Public knowledge is beginning to grow concerning Japan?s status as one of the world?s worst havens for international parental child abduction. The problem is tolerated by the Japanese Government because the abductors are almost exclusively Japanese nationals...

Switzerland's Pattern of Noncompliance with Hague Abduction Convention

Posted on June 10, 2009
The U.S. State Department has published its 2009 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction. The Department continues to list only one country, Honduras, as being ?Noncompliant? with the Convention...

U.S. Supremes Likely to Review Judge Sotomayor?s Ruling

Posted on June 02, 2009
It is increasingly likely that the United States Supreme Court will take its first case concerning the interpretation of the Hague Convention on the Civil Aspects of International Child Abduction.The case is Abbott v. Abbott, and the U. S. Solicitor General has recommended that the Court grant the certiorari petition...

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