Iran Child Abduction; Iran Child Custody; Expert Evidence
Blog Jeremy Morley I was accepted yesterday by both sides in a case in North Carolina as an expert in international child custody law and international child abduction law, and the laws and procedures of the same, and as these matters apply to Iran. I have previously provided expert evidence as to international child custody issues […]
Malaysian Family Law: Single Expert Appointment
Blog The Family Court of Western Australia appointed Jeremy D Morley as a single expert to report on the law and legal process by which the Malaysian courts make arrangements following the breakdown of a marriage with respect to the custody and guardianship of children, financial support and maintenance for spouses and children, division and […]
Hague Abduction Case Reliance on Morley Treatise
Blog In a Hague Abduction Convention case in the United States District Court in Savannah, Georgia, the Court relied on the opinions that I expressed in the 2020 edition of my treatise on International Family Law Practice that (a) international travel authorizations should normally be afforded only limited significance as evidence of consent to indefinite relocation and […]
The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers, Third Edition
Blog By Jeremy D. Morley In a practice that increasingly involves cross-border issues, a growing number of clients fear their children may be abducted, are concerned about overseas travel, or are considering international marriage or divorce. Written to help family lawyers best represent clients and their children, this updated edition explains all aspect of how […]
Enforcement of Child Custody Orders in Japan
Blog by Jeremy D Morley An amendment to Japan’s Civil Procedure Law enters into force on June 1, 2021, intended to promote enforcement of Japanese civil custody orders. Although the new law may be helpful it will provide no benefit to non-custodial parents seeking to enforce their visitation rights. Japanese law continues to provide that […]
UCCJEA in International Cases: Home State, Temporary Absence Overseas & Human Rights Issues.
Blog by Jeremy D. Morley Difficult issues arise under the Uniform Child Custody Jurisdiction and Enforcement Act when children are taken overseas for visits and do not return. A recent New York case illustrates some of the issues. In Kassim v. Al-Maliki, 2021 WL 1774145 (NY App. Div. 2d. Dept. May 5, 2021), the Appellate […]
Argentina: 2021 State Department’s Annual Report on International Child Abduction
Blog The U.S. State Department has recently released their annual report on International Child Abduction. The Department of State leads the U.S. government’s efforts to prevent and resolve international parental child abductions, as part of the Department’s mission to advance the interests and safety of the American people. The 2021 Annual Report on International Child Abduction illustrates the Department of […]
DIVORCE LAW IN KOREA
Blog Grounds For Divorce in Korea A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Act. Both spouses need to agree and appear in court in Korea. Alternatively, the grounds for a judicial divorce in Korea (Art. 840) are: An unchaste act (adultery); Malicious desertion; […]
CHILD RELOCATION TO BRAZIL, MIRROR ORDERS AND HOMOLOGIZED ORDERS
Blog The mere fact that a foreign child custody order is homologized in Brazil does not guarantee that the order will remain in effect and unchanged over time. Brazilian courts will have jurisdiction to hear an application to modify any such order once the child has relocated to and is resident in Brazil. Under Brazilian […]
Third Edition of The Hague Abduction by Jeremy D. Morley
Blog Announcing: The Third Edition of The Hague Abduction by Jeremy D. Morley will soon be published by the American Bar Association. The Third Edition has been completely updated to reflect recent case law, especially concerning the key elements of habitual residence and grave risk of harm. The book includes a chapter on International Relocation and Travel.