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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

Thai administrative divorce in U.S. causes major headaches

Posted on May 07, 2009
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...

England: Electronic Tagging to Prevent Re-Abduction of Child

Posted on April 14, 2009
As a means of preventing international child abduction, the English High Court has issued a consent judgment requiring that a mother be ?electronically tagged? before being allowed to visit her child. Re A (A Minor) March 17, 2009. The mother had wrongfully removed her child from England to her (unnamed) country of origin on two separate occasions...

The Plight of the Expatriate Spouse

Posted on April 12, 2009
My article on The Plight of the Expatriate Spouse, published in the current issue of The Matrimonial Strategist is on my website and may be found at http://www.international-divorce.com/expat_plight.htm The article contends that lawyers and judges need to do a far better job of understanding the unique circumstances of expatriates with children who moved overseas for romance or to accomodate their spouses' work assignments...

Exit Controls

Posted on April 08, 2009
Like the United States, England has no exit controls. This means that one parent (or conceivably even a stranger) can take a child out of the country without the consent of the other parent.The police forces in Humberside, England have announced their intention to crack down on this problem...

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English court won't allow economic collapse to reopen divorce case financial component

Posted on April 02, 2009
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 reopened because of the impact of the current global financial turmoil on those assets...

Hague Abduction Convention and Immigration Status

Posted on March 23, 2009
The Ninth Circuit has rendered an important decision on the Hague Convention on the Civil Aspects of International Child Abduction. Mendoza v. Miranda, (March 18, 2009).Article 12 of the Convention provides an affirmative defense to a Hague return application if the abducting parent can show that the petition for return was filed more than a year after the wrongful removal or retention occurred, and ?that the child is now settled in its new environment...

India's Notorious Section 498A: Divorce Law as Criminal Law

Posted on March 13, 2009
India?s amendments to its Criminal Procedure Code are now effective. They may ameliorate some of the harshest aspects of India?s infamous Section 498A. The newly- enacted provisions take away the powers of the police to arrest in cases of alleged offenses which carry a maximum sentence up to seven years of imprisonment...

Divorce, Bigamy & Naturalization

Posted on February 28, 2009

Singapore Prenuptial Agreements - Important Decision

Posted on February 08, 2009
The Singapore Court of Appeal has just rendered a weighty and well-reasoned decision on the enforceability of prenuptial agreements in the case of TQ v TR, [2009] SGCA 6 (Feb. 3, 2009).The opinion is especially important for its analysis of the (substantial) weight to be given in Singapore to foreign prenuptial agreements as compared to prenuptial agreements entered into in Singapore...

Money in misery: International marriages

Posted on February 05, 2009
The current issue of The Economist has a great article by Edward Lucas on international family law. The title is Money in misery: International marriages are crumbling with the global economy, revealing unseen pitfalls in cross-border divorce law...

Brazil's Compliance with the Hague Abduction Convention is Questioned

Posted on January 31, 2009
Karen Mazurkewich, Financial Post Published: Saturday, December 27, 2008Francois Larivee is fighting for the return of his five-year-old son from Brazil. But being on the right side of the law is cold comfort to the 38-year-old businessman. He has won two court decisions in Brazil, and has followed The Hague Convention on the Civil Aspects of International Child Abduction to the letter of the law, but Mr...

California Disclosure Rules Scare Wealthy Spouses

Posted on January 17, 2009
Further evidence that California is an excellent jurisdiction for a spouse who does not have complete knowledge of the other spouses?s financial condition is supplied by the just-issued decision in In re Marriage of Straus, 2009 WL 98447 Cal.App. 4 Dist...

Texas Court Holds that Mexico?s Legal System is Ineffective

Posted on January 14, 2009
!--[if gte mso 9]> Normal 0 false false false MicrosoftInternetExplorer4 It is unfortunate that courts are usually extremely reluctant to judge the effectiveness of other countries? legal systems, even when such findings need to be made in international custody and visitation cases...

China and International Child Abduction

Posted on January 05, 2009
We were recently asked to research the issue of potential child abduction in China and the remedies for securing the return from China of a child if the Chinese national parent kept her in that country. The results of our research were depressing. China is not a party to the Hague Convention on the Civil Aspects of International Child Abduction (except for Hong Kong and Macau)...

English Court OKs Post-Nups, Landmark Case

Posted on December 17, 2008
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Irish court: 6-year old to be heard in Hague Abduction Case

Posted on December 14, 2008
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...

Irish court: 6-year old to be heard in Hague Abduction Case

Posted on December 14, 2008
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Israel Amends Its Divorce Law

Posted on December 11, 2008
Israel has made a significant amendment to its divorce law. In Israel divorce is in the exclusive hands of the rabbinical courts for all Jewish Israelis ? and that will continue to be the case. The amendment is to the 1973 Spousal Property Relations Law which permitted the civil family court to divide the spouses? assets only after the rabbinical courts had granted a get (religious divorce)...

Romania Child Abduction & Divorce Law

Posted on December 11, 2008
We have added new pages to our web site for Romania. One is on ROMANIA: INTERNATIONAL CHILD ABDUCTION and the other is on ROMANIA: DIVORCE LAW.

Romania Child Abduction Divorce Law

Posted on December 11, 2008
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Israel Amends Its Divorce Law

Posted on December 10, 2008
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English Prenuptial Agreements

Posted on November 14, 2008
A critical case on English prenuptial law is currently being heard by the Judicial Committee of the Privy Council, which is the highest appeals court for UK overseas territories including the Isle of Man, where the parties live. The current state of the law in England is that prenuptial agreements are considered as just one factor in determining a resolution of the financial claims of divorcing parties...

English Prenuptial Agreements

Posted on November 14, 2008
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Australia's Child Custody Law, International Relocation and International Child Abduction

Posted on November 13, 2008
This editorial (see below) in Australia?s Courier-Mail criticizes the provisions in Australia?s recently-amended Family Law Act that call for equal shared parenting orders. The article is totally on target. However it does not address another unexpected consequence of the new law, which is that it has made it even harder than before for an expat parent in Australia to receive permission to relocate with the children from Australia back to her country of origin her marriage has ended...

Australia's Child Custody Law, International Relocation and International Child Abduction

Posted on November 13, 2008
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Jamaica Acceding to Hague Abduction Convention

Posted on November 04, 2008
The Jamaican Cabinet has reportedly approved Jamaica's accession to the Hague Convention on the Civil Aspects of International Child Abduction, 1980. Jamaica joins Bahamas, St. Kitts & Nevis and Trinidad & Tobago as Caribbean countries who have acceded to the treaty...

Jamaica Acceding to Hague Abduction Convention

Posted on November 04, 2008
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An aside about gossip

Posted on October 30, 2008
My daughter at college is suddenly most impressed with the press that I have been receiving. Not that I'm referring to quotes in The Economist or the Times of London -- mention of which received a bored "Oh Great! What else is up?" -- but to the current issue of OK! Magazine, the place for "hot celebrity gossip and photos...

An aside about gossip

Posted on October 30, 2008
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British Court rules Islamic Law Dscriminatory

Posted on October 24, 2008
The Independent,23 October 2008Britain's highest court has criticised Islamic law for discriminating against women after a case in which a mother was forced to flee the Middle East for Britain to protect her son from his abusive father. In a 5-0 ruling, the law lords said that there was no place in sharia for the equal treatment of the sexes...

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