Family Law

Japan to Sign Hague Child Abduction Convention

Posted on May 09, 2008
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Preventing International Child Abduction: Texas Case

Posted on May 06, 2008
When should a court take steps to prevent possible international child abduction by a foreign national parent? This issue is critical to many parents but many courts -- and even many family law lawyers -- do not give the issue the serious consideration that it must be given...

Preventing International Child Abduction: Texas Case

Posted on May 06, 2008
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Interview about International Child Relocation

Posted on April 30, 2008
An interview with me - about international child relocation - has just been published on http://www.divorce.co.nz/.The introduction says:"His website, was very informative about the subject - something lawyers are not always known for. I decided to call and interview Jeremy, as the subject of child abduction and relocation is currently a hot topic with cross cultural marriage, migration and divorce all on the increase...

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Australia Child Custody & Relocation Problems

Posted on April 24, 2008
Australian child custody law presumes that it is in the best interests of the child for each of the child?s parents to have equal shared parental responsibility. (Australia?s Family Law Amendment (Shared Parental Responsibility) Act 2006). This presumption has reportedly created significant damage...

Korean Adultery Law

Posted on April 03, 2008
Adultery is a crime in Korea punishable by up to two years in jail. Now Ok So-Ri, a famous Korean actress who has been indicted for adultery, has petitioned Korea?s Constitutional Court to invalidate the 1953 law that criminalizes such conduct. In her complaint, her attorneys have argued that, "The adultery law constitutes a serious breach of the individual's rights to make decisions concerning sex and privacy under the constitution...

International parental child abduction from the U.S. to India

Posted on March 25, 2008
By Jeremy D. Morley There has been a rash of cases concerning parents who remove a child from the United States to India without the consent of the other parent and then refuse to return the child to this country. Parents often have a grave misunderstanding of the serious nature of such parental child abduction...

Grave Risk of Harm and Hague Convention: Judge orders girl back to Australia

Posted on March 20, 2008
A Sheridan (Wyoming) woman who fled Australia with her young daughter a year ago must -- according to the rules of an international treaty -- return the child on April 8 to that country where her convicted rapist father is in jail, according to an order by Chief U...

Offshore Trusts and Divorce

Posted on March 15, 2008
The chief justice of the Cayman Islands, Mr Justice Smellie, has launched a staunch defence of trusts and has railed against what he described as the ?entirely misguided? criticism of offshore trusts by onshore authorities. So reports legalweek.com. This fuels expectations that there will be an unprecedented stand-off between offshore and onshore judges over the issue...

India - Good News in an International Child Abduction Case

Posted on March 11, 2008
For more than three years, Deepa Topiwalla fell asleep every night wondering where her young son was. She doesn't have to wonder anymore. He sleeps in her bedroom in a small bed next to hers. After a court battle that took her halfway across the world, she has returned home to Cary with her son, and together they look forward to starting a new life...

Japan Won't Let Abducted Kids Go

Posted on February 26, 2008
This article from ABC News is based in part on an interview with me.Notwithstanding the information in the article, there are some things that can be done in case of child abduction to Japan, though rarely using the Japanese "system."By RUSSELL GOLDMAN, Feb...

NCMEC Not Handling Incoming Child Abduction Cases

Posted on February 18, 2008
The National Center for Missing & Exploited Children has announced that as of April 1, 2008 it will no longer handle any aspect of incoming child abduction cases arising under the Hague Convention on the Civil Aspects of International Child Abduction...

Saudi Family Law Must Be Revised: U.N.

Posted on February 14, 2008
GENEVA (Reuters) - Saudi Arabia must create laws to protect women from violence and also allow them to play a bigger role in society and the workplace, the United Nations said on Thursday. "The lack of written laws governing private life constitutes a major obstacle to women's access to justice," said Yakin Erturk, the U...

Islamic Divorces Not Recognized in France

Posted on February 12, 2008
The French courts now generally refuse to recognize Islamic divorce decrees. So reports the conflictoflaws.net blog. The typical cases before the French courts concern Islamic divorces obtained in Algeria or Morocco by husbands of Algerian or Moroccan origin who have emigrated to France...

Slovakia Hague Abduction Injustice

Posted on February 11, 2008
In what is believed to be the first Hague case in Slovakia concerning an abduction to that country from the United States (a case in which I acted for the father), a Slovak appeal court has rejected a Hague return application on grounds that make the prospects of meaningful application of the treaty in Slovakia seem extremely remote...

Automatic Restraining Order and Nonresident Child

Posted on February 07, 2008
In many states a standard restraining order automatically issues whenever a custody petition is filed. The orders typically prohibit a parent from removing a child from the state without the other party?s consent or a court order. Do such orders require a parent whose child is in another state or country to bring the nonresident child into the state in which the petition has been filed? No, says a California appeal court in a just-issued decision...

Cyprus: Foreign parents with joint custody may face prosecution if they leave

Posted on February 04, 2008
A PARENT who decides to leave Cyprus with his or her children without first seeking the approval of their other half could soon be subject to criminal prosecution. In its January 3 sitting, the Cabinet approved a bill submitted by the Justice Ministry that is set to alter the Penal Code...

Hague Abduction Convention: The Defense of Grave Risk of Harm Is Not Working

Posted on February 03, 2008
The case of Van de Sande v. Van de Sande, which was remanded by the Seventh Circuit to the district court in Illinois in 2005 (431 F.3d 567 (7th Cir. 2005) appears to have taken a tragic turn. The district court has now rendered a ruling in which it has thrown the proverbial book at the violent and dangerous petitioner-father...

Hague Abduction: New 6th Circuit Case on Grave Risk of Harm

Posted on December 31, 2007
The U.S. Court of Appeals for the Sixth Circuit has issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox, File No. 07a0502p.06; decision dated December 28, 2007...

England Inching Towards Prenuptial Enforcement

Posted on December 20, 2007
The English courts yesterday took a further step towards eventual enforcement of prenuptial agreements. In Crossley v. Crossley, the spouses had signed a prenuptial agreement in England. The wife asked the divorce court to ignore it because her husband had failed to tell her of the full extent of his fortune...

Canadian Court - Jewish Divorce

Posted on December 16, 2007
The Supreme Court of Canada made a rare foray into the religious forum yesterday, coming to the aid of a 48-year-old Jewish woman whose estranged husband had stubbornly refused for 15 years to grant her a religious release from their marriage. A 7-2 court majority said that judges must tread warily when they adjudicate religious matters, but that it would be wrong to shy away when a bedrock Canadian principle - such as gender equality - is jeopardized...

Barbados Divorce Law

Posted on December 11, 2007
The Barbados Family Law Council is reportedly in favor of amending the Barbados Family Law Act, which governs divorce and related issues in Barbados but which is now 25 years old. The amendments under consideration include: A procedure for streamlined case management, focused on keeping one case before the same judge for all proceedings; The provision of counseling for those in the process of a divorce;A provision that would expedite the allocation of matrimonial property which, under the current law can be deferred until the divorce has been finalized;An amendment that would allow divorce proceedings and the determination of related property and other financial issues to continue and be completed notwithstanding the death of one of the parties; andThe establishment of a table of maintenance as guidelines for judges, in order to the guesswork out of the provision of support payments.

Child Abduction to Mexico Ends Happily

Posted on December 11, 2007
Our heartiest congratulations to our British client whose tiny baby was abducted by the Mexican father from Texas to Mexico. http://familylawinternational.blogspot.com/2007/07/mum-fights-for-abducted-babys-return.html The mother and her family endured months of unbelievable worry, fueled further by the father?s death threats and outrageous claims as he was ?on the run? in Mexico...

German divorce, Syrian marriage

Posted on November 29, 2007
An interesting German international family law case concerning a Syrian marriage has been summarized by Jurgen Basedow and Simon Schwarz.A Syrian couple filed for divorce before German courts whose jurisdiction was established under Arts. 1(1)(a), 2(1)(a) of the Brussels II-Regulation since the spouses had their habitual residence in Germany at that time...

Hague Convention on the International Recovery of Child Support

Posted on November 26, 2007
Delegates from sixty-eight States and the European Community have finalized the Convention on the International Recovery of Child Support and other Forms of Family Maintenance at the 21st Diplomatic Session of the Hague Conference on Private International Law...

When Is a Saudi Woman Considered an Adult?

Posted on November 13, 2007
Maha Akeel, Arab News. Nov 2, 2007It is surprising and frustrating to see that women in Saudi Arabia, despite all their achievements, continue to be treated as underage dependents who need and are forced to be managed by their male guardians. It is necessary at this point of Saudi women?s history to address this important issue...

New Jersey Hague Convention Case

Posted on November 13, 2007
She's only 7, a schoolgirl from Elizabeth, but Arianna Adan soon may change state, national and even international law. Legal briefs filed by two state agencies, a coalition of national organizations and her mother's lawyers seek not only to block Arianna's deportation in an international custody case, but also to change the way the United States abides by the Hague Convention, a treaty designed to end cross-border abduction of children by their parents...

Top Ten Tips for Expats

Posted on November 08, 2007
? From an International Family Lawyer by Jeremy D. Morley Here are some of my ?international family lawyer?s best tips? for international clients moving overseas and for expatriates. Before you move overseas, realize that if you have children in a new country you may find yourself trapped there...

Fundraiser for Film on Japanese Child Abduction

Posted on November 06, 2007
Two film-makers, David Hearn and Matt Antell, are working on a film project to draw attention to the scandal of parental child abductions to Japan and in Japan.They are conducting a fundraiser for their film to be held in Tokyo in December at the Pink Cow restaurant (http://www...

"Ireland's Divorce Courts a Shambles"

Posted on October 31, 2007
Ireland's divorce courts are overloaded and need a complete overhaul to make breaking up fairer and less of a bank-breaking ordeal, an expert report on the secrecy-shrouded system concluded Tuesday. The government-commissioned report, which offered 45 recommendations to fix the system, faulted the government for doing much too little since the 1997 legalization of divorce in this predominantly Roman Catholic country...

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