Family Law

British Court rules Islamic Law Dscriminatory

Posted on October 24, 2008
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Forced Marriage is a Crime Against Humanity

Posted on October 09, 2008
We have just read the appeal judgment of the Appeals Chamber of the Special Court for Sierra Leone in a case entitled Prosecutor v. Alex Tamba Brima, Brima Bazzy Kamara and Santigie Borbor Kanu http://www.sc-sl.org/AFRC.htmlFor international family lawyers the judgment is significant in that the court ruled that forced marriage constitutes a crime against humanity...

Forced Marriage Law in Britain

Posted on October 09, 2008
Britain has initiated a concerted effort to stem the number of forced marriages in that country. A new law ? the Forced Marriage (Civil Protection) Act 2007? will come into force there next month. A ?forced marriage? is one in which a party is married without his or her consent or against his or her will...

Forced Marriage is a Crime Against Humanity

Posted on October 09, 2008
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Forced Marriage Law in Britain

Posted on October 09, 2008
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Fifth Circuit's Hague Abduction Convention Ruling

Posted on September 17, 2008
The Fifth Circuit has followed the Second Circuit?s ruling in Croll v. Croll and has ruled that a ?ne exeat? right does not constitute a ?right of custody? for purposes of the Hague Convention on the Civil Aspects of International Child Abduction. (Abbott v...

Fifth Circuit's Hague Abduction Convention Ruling

Posted on September 17, 2008
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RUSSIA: ?Lawful? Child Kidnapping

Posted on September 05, 2008
AFFIRMATION OF JEREMY D The article below in today's Daily Telegraph illustrates the grave dangers that may arise when children visit Russia: An 11-year-old British girl has been left stranded in Russia after her biological father obtained a Court Order preventing her from leaving the country until she is 18...

RUSSIA: ?Lawful? Child Kidnapping

Posted on September 05, 2008
img id="BLOGGER_PHOTO_ID_5242552626914962418" style="FLOAT: left; MARGIN: 0pt 10px 10px 0pt; CURSOR: pointer" alt="" src="http://4.bp.blogspot.com/_ySg-RK3MUak/SMFJ1oOOq_I/AAAAAAAAA5g/1tephfJVQFE/s200/Russia+doll.jpg" border="0" / span style="color:black;"The article below in today's Daily Telegraph illustrates the grave dangers that may arise when children visit ?xml:namespace prefix = st1 /st1:place st="on"st1:country-region st="on"st1:country-region st="on"st1:place st="on"Russia/st1:place/st1:country-region/st1:country-region/st1:place:/span p class="MsoNormal"span style="color:black;"An 11-year-old British girl has been left stranded in st1:country-region st="on"st1:place st="on"st1:place st="on"st1:country-region st="on"Russia/st1:country-region/st1:place/st1:place/st1:country-region after her biological father obtained a Court Order preventing her from leaving the country until she is 18...

Jersey, Channel Islands Case Favors Spouse with Offshore Trusts

Posted on September 04, 2008
The Royal Court in Jersey, Channel Islands has issued a key ruling in favor of a wealthy Indian jewelry magnate with substantial assets in offshore trusts, in a case known as Mubarak v Mubarak. The Court ruled that assets held in offshore trusts could be released to ex-spouses only if the trustees had the power to do so...

Jersey, Channel Islands Case Favors Spouse with Offshore Trusts

Posted on September 04, 2008
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Korea Okays Sex During Divorce

Posted on August 19, 2008
Korea's top court has ruled that sexual relations outside marriage committed during consensual divorce proceedings was not a criminal act.Under current Korean law, adulterous relations are considered a criminal act and those found guilty can receive jail sentences of up to two years...

Korea Okays Sex During Divorce

Posted on August 19, 2008
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Israeli court: Husband who refused divorce must pay damages

Posted on July 22, 2008
The Jerusalem Family Court (Judge Ben Zion Greenberger) has reportedly ordered a husband who refused to give his wife a divorce for nine years to pay damages of approximately $160,000. In an unprecedented ruling, the judge said that even if a husband is not required by the court to give his wife a divorce, he will still compensate her for his refusal on the matter...

Israeli court: Husband who refused divorce must pay damages

Posted on July 22, 2008
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Credit crunch raises divorce rate for America's superwealthy

Posted on July 10, 2008
London Times article citing me and other N.Y. lawyers:The Times, July 11, 2008 Tom Bawden in New YorkAmerica's credit crunch is putting the squeeze on the marriages of New York's superwealthy as a record number of couples with $10 million or more in assets sue for divorce...

Credit crunch raises divorce rate for America's superwealthy

Posted on July 10, 2008
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International Child Visitation to Colombia

Posted on June 28, 2008
We represented the mother in successfully defeating the Hague International Child Abduction Convention portion of this case in North Carolina. International child-custody case settled A boy, 12, will live in the U.S. with his mother. His father can visit but can't take the boy to visit Colombia against his will A custody tug-of-war spanning two continents was settled Monday in Durham County court [North Carolina], ending a protracted dispute embodying international treaties and questions of travel safety...

International Child Visitation to Colombia

Posted on June 27, 2008
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Australian Child Relocation & Abduction Problems

Posted on June 24, 2008
There seems to be a rash of child abductions out of Australia -- although perhaps this is simply because many Australian cases are coming my way.My theory is that it is partly a result of the recent changes in Australian child custody law. The main and eminently laudable objective of the 2006 amendments to Australia's Family Law Act was to ensure that the best interests of children are met by ensuring they have the benefit of both of their parents having a meaningful involvement in their lives, "to the maximum extent consistent with the best interests of the child...

Australian Child Relocation Abduction Problems

Posted on June 23, 2008
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Canada: Divorced Couples Must Share Marital Debt

Posted on June 13, 2008
Just as divorced couples sometimes share future assets, they also should have to share future debts tied to the marriage, the Supreme Court of Canada ruled yesterday. The 6-1 decision puts a Vancouver woman on the hook for part of her former husband's unascertainable tax liability arising from tax shelters he bought during their marriage...

Canada: Divorced Couples Must Share Marital Debt

Posted on June 13, 2008
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English Law Commission Looking At Prenuptial Agreements

Posted on June 12, 2008
From Times Online June 11, 2008 Pre-nuptial agreements between couples planning to marry could become legally binding under a review of the law being carried out by the Government's law reform body. The inquiry announced today by the Law Commission is part of its latest programme of law reform, which is also looking at the law on intestacy, the laws governing residential care and level crossings...

English Law Commission Looking At Prenuptial Agreements

Posted on June 12, 2008
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Comparing Divorce Jurisdictions in International Family Law: Procedure May Trump Substance

Posted on May 30, 2008
My new article, Comparing Divorce Jurisdictions in International Family Law: Procedure May Trump Substance, is in the current (June 2008) edition of The Matrimonial Strategist. It is also available on my website. When comparing possible jurisdictions for international family law cases, it is frequently important to focus on procedural matters and not simply to compare the rules and practices concerning the division of assets, maintenance and other substantive issues...

Comparing Divorce Jurisdictions in International Family Law: Procedure May Trump Substance

Posted on May 30, 2008
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Israeli Divorce Based on 'Get' Not Recognized in New York

Posted on May 19, 2008
A state judge has declined to recognize an Israeli divorce judgment that was based on a "get," or decree of divorce, issued by a Brooklyn rabbi."If this court were to sanction the utilization of a 'Get' to circumvent the constitutional requirement that only the Supreme Court can grant a civil divorce, then a party who obtains a 'Get' in New York could register it in a foreign jurisdiction and potentially, later on, rely on the 'Get' to obtain a civil divorce in New York thereby rendering New York State's Constitutional scheme as to a civil divorce ineffectual," Supreme Court Justice Jeffrey S...

Israeli Divorce Based on 'Get' Not Recognized in New York

Posted on May 19, 2008
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Japan to Sign Hague Child Abduction Convention

Posted on May 09, 2008
Yes!!!!05/10/2008BY MIAKO ICHIKAWATHE ASAHI SHIMBUNJapan will sign a treaty obliging the government to return to the rightful parent children of broken international marriages who are wrongfully taken and kept in Japan, sources said Friday. The Justice Ministry will begin work to review current laws with an eye on meeting requirements under the 1980 Hague Convention on Civil Aspects of International Child Abduction, the sources said...

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