Danger of Self-Help After An International Child Abduction
Blog This story shows inherent risks of “self-help” in “re-kidnapping” internationally-abducted children. See my articles on preventing child visits to Lebanon, Jordan, Egypt, other countries if parent anticipates non-return.
INTERNATIONAL CHILD RELOCATION FROM CANADA
Blog by Jeremy D. Morley With effect from March 1, 2021, the Divorce Act of Canada has made significant changes to the Canadian law concerning child relocation, including international relocation. However, while the legislation contains a helpful clarification concerning the applicable burden of proof, it includes a list of factors that should be considered in […]
U.S. Diplomatic Protest – Brazil & International Child Abduction
Blog Jeremy D. Morley In June 2021, the Deputy Chief of Mission at U.S. Embassy Brasilia delivered a formal diplomatic protest known as a “demarche” to the Brazilian Ministry of Foreign Affairs, notifying Brazilian officials that the Department again cited Brazil in the 2021 Annual Report on International Child Abduction for demonstrating a pattern of […]
Bangladesh: The Dowry Prohibition Act of 2018
Blog by Jeremy D. Morley The Dowry Prohibition Act of 2018 (the “Act”) of Bangladesh prohibits the giving or receiving of a dowry. The primary purpose of the Act is to end the custom whereby the bride’s family makes a financial payment to the groom’s family upon a marriage. The system is now seen to be […]
BANGLADESH, THE HAGUE ABDUCTION CONVENTION, AND AN ABDUCTION FROM JAPAN
Blog by attorney Jeremy D. Morley www.international-divorce.com A terrifically interesting issue is pending before the courts of Bangladesh. My client is a Japanese doctor in Tokyo. Her estranged husband abducted the children from Tokyo to Dhaka, Bangladesh. The Family Court in Tokyo has ordered their return, but the father has failed to comply with the […]
Informal Notes on Habitual Residence in U.S. Courts in Hague Abduction Convention Cases
Blog by Jeremy D. Morley I had the pleasure this week of participating in a panel discussion organized by the Singapore Bar Association with three brilliant international family lawyers, Yap Teong Liang of Singapore, Kiran Dhaliwal of Kuala Lumpur, Malaysia, and Keturah Sageman of Sydney, Australia. The topic was Relocation v Abduction – Fight or Flight: Is […]
Date of Wrongful Abduction Governs Hague Convention Habitual Residence Determinations
Blog by Jeremy D. Morley In any Hague Abduction Convention case, the court must determine the date of the alleged wrongful removal or retention of the child before determining the child’s habitual residence. A decision on the applicable date may well resolve the entire case. Yesterday, the Sixth Circuit in Douglas v. Douglas (6th Cir.9/21/21, Case No. […]
U.S. Diplomatic Protest – Argentina & International Child Abduction
Blog Jeremy D. Morley In June 2021, the U.S. Embassy in Buenos Aires delivered a formal diplomatic protest known as a “demarche” to the Argentine Ministry of Foreign Affairs and Worship, notifying Argentine officials that the Department cited Argentina in the 2021 Annual Report on International Child Abduction for demonstrating a pattern of noncompliance during […]
Fee Award in Hague Abduction Convention Case
Blog Jeremy D. Morley It is gratifying that, in its award of legal fees to my client, whose child was successfully returned from New York to Spain pursuant to the Hague Abduction Convention, the U.S. district court’s calculation was based in part on my status as “one of the leading experts” on the Convention, who […]
JAPANESE LAW ABOUT MARRIED NAMES
Blog by Jeremy D Morley Japanese law requires that married couples share the same surname, which can be that of either the husband or the wife. There appears to be no country other than Japan that requires married couples to adopt the same surname. The Supreme Court of Japan recently ruled that this requirement does […]