Argentina: Noncompliant with International Child Abduction Norms
Blog Jeremy D. Morley Argentina is a party to the Hague Abduction Convention but it has been repeatedly identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014. The State Department has reported, in its 2020 Annual Report on International Child Abduction, that: […]
U.S. – Taiwan MOU Concerning International Child Abduction
Blog by Jeremy D. Morley In 2019, the American Institute in Taiwan and Taipei Economic and Cultural Representative Office (TECRO) signed a Memorandum of Understanding on cooperation on international parental child abduction. Taiwan is not a party to the Hague Abduction Convention. The Memorandum of Understanding does not require Taiwan to return children who are abducted to Taiwan. Indeed, the agreement expressly states that, “This MOU […]
State Department’s Annual Report on International Child Abduction, 2020: Brazil
Blog The U.S. State Department has recently released their annual report on International Child Abduction. Below is our second post in a series here focusing on the ten countries classified as “demonstrating patterns of noncompliance.” Today’s country is Brazil. Country Summary: The Convention has been in force between the United States and Brazil since 2003. In 2019, Brazil continued […]
Brazil’s Interpretation of One-Year Period Under Article 12: Hague Abduction Convention
Blog Jeremy D. Morley Brazil has adopted an unusual interpretation of the one-year provision in Article 12 of the Hague Abduction Convention, which creates a significant trap for the unwary. Read about it here.
Egypt: Noncompliant with International Child Abduction Norms
Blog Egypt has again been identified by the U.S. State Department as a country that demonstrates a “Pattern of Noncompliance” as defined in the International Child Abduction Prevention and Return Act of 2014. The State Department has reported, in its just-issued 2020 Annual Report on International Child Abduction, that: Egypt does not adhere to any protocols with respect to international […]
See-Saws and the New U.S. Law of Habitual Residence
Blog by Jeremy D. Morley* The Monasky Case In Monasky v. Taglieri, 140 S. Ct. 719 (2020) the U.S. Supreme Court redefined “habitual residence” in Hague Abduction Convention cases to align with the international jurisprudence. U.S practitioners must now become familiar with the Court’s “totality-of-the-circumstances” test. The test has been in place in the European Union for at […]
How to Draft a Prenuptial Agreement for an International Couple
Blog by Jeremy D. Morley www.international-divorce.com You are asked to prepare a prenuptial agreement between spouses of different nationalities, who have different prior countries of residency, assets in various international locations and future plans to relocate to one or more countries. Where do you start? And how do you protect yourself? It is difficult enough preparing a prenuptial […]
Can the Passport of a Non-Resident Indian be Impounded based on a complaint under section 498A of the Indian Penal Code?
Blog by Stutee Nag* Section 498A of the Indian Penal Code makes cruelty to a married woman by her husband and in-laws a criminal offense. An offense under section 498A is non-bailable. Every year, numerous cases are filed in India under section 498A, by Indian wives against their non-resident Indian (NRI) husbands. Recently, the Indian parliament passed the Registration of […]
The Need for International Prenuptial Agreements
Blog by Jeremy D. Morley www.international-divorce.com International people who plan to marry should always consider entering into a prenuptial agreement drafted by experienced international family law counsel. While there are many benefits of prenuptial agreements for conventional marriages, the benefits may be far greater for international people. A key benefit for international people is that a prenuptial […]
Compulsory Registration of NRI Marriages: What could it mean for NRI husbands?
Blog Stutee Nag* stutee@international-divorce.com The Parliamentary Standing Committee on External Affairs of India recently approved the Registration of Marriage of Non-Resident Indian Bill, 2019. If enacted, the bill will empower Indian passport authorities to impound or revoke Indian passports or travel documents of Non-Resident Indians (NRIs) who fail to register their marriage (whether in India or abroad) within 30 days after getting married. It will apply to […]