Child Visits to China
Blog Change in China’s Passport Regulations Jeremy D. Morley We have long raised concerns that China does not recognize foreign child custody orders, is not a party to the Hague Convention on the Civil Aspects of International Child Abduction (except for Hong Kong and Macau), is not a party to any bilateral treaties concerning international parental child abduction, […]
Hungary
Blog Prenuptial agreements are enforceable under Hungarian law, as are post-nuptial agreements. Section 4.63 (1) of the Civil Code of Hungary provides that, “The function of the marriage contract is to permit the parties to the marriage or the spouses to define a property regime – in lieu of marital community of property – with a […]
STEP-BY-STEP ANALYSIS IN ANY HAGUE ABDUCTION CONVENTION CASE
Blog by Jeremy D. Morley www.international-divorce.com The structure of the Hague Convention on the Civil Aspects of International Child Abduction requires a court in any case brought under the Convention to follow a step-by-step process in order to apply it logically and correctly. Those steps are as follows: First, the court must determine when the removal or retention took place. It […]
TURKEY’S ONE-PARENT RULE
Blog by Jeremy D. Morley www.international-divorce.com The Civil Code of Turkey (Article 336) expressly provides that, when parents divorce, only one parent may be given custody over their child to the complete exclusion of the other parent, either by agreement or by order of the court (Article 819, Turkey Civil Code). Parental authority includes both […]
Japan’s One-Parent Rule
Blog Jeremy D. Morley www.international-divorce.com Japanese law provides only for sole custody. The Civil Code of Japan expressly and unambiguously provides that, when parents divorce, only one parent may be given parental authority over their child to the complete exclusion of the other parent, either by agreement or by order of the court (Article 819, Japan […]
New York Court Upholds Morley Testimony Concerning Japanese Family Law
Blog Jeremy D. Morley www.international-divorce.com A New York court today, in a hotly contested case between Japanese parents living in New York, relied entirely on my expert evidence concerning Japanese family law and procedure in dismissing the application of one parent to relocate the parties’ Japanese children to Japan. The court ruled that there was […]
American Mom Stuck Fighting for Her Daughter in Saudi Arabia
Blog From People Magazine, September 21, 2019 Bethany Vierra’s daily routine begins at sunrise, when she gets up to make pancakes or scrambled eggs for her young daughter, Zaina, a curly haired 4-year-old. It’s the familiar prelude to happy hours of coloring, reading inside their apartment and swimming in Riyadh, the Saudi Arabian capital. But for […]
NOTES ON LAWS AND PRACTICES OF CHINA
Blog By Jeremy D. Morley www.international-divorce.com 1. China does not comply with international norms concerning the return of internationally abducted children. 2. China has failed to adopt the Hague Abduction Convention and has failed to enter into any bilateral arrangement with the United States to return abducted children. 3. There can be no extradition from […]
INDIA: SAFE HAVEN FOR INTERNATIONAL PARENTAL CHILD ABDUCTION
Blog Jeremy D. Morley jmorley@international-divorce.com I have long asserted that India is a safe haven for international child abduction. See, e.g. I have frequently provided expert evidence on this issue, including in cases in many U.S. states, as well as Canada and Australia. In May 2019, the U.S. Department reported, in its Annual Report on International Child Abduction, that India […]
Preventing International Child Abduction in Divorce
Blog My article, Preventing International Child Abduction in Divorce, which was originally published in the American Bar Associations’s GPSolo Magazine, is now available here.