Important Case on UCCJEA Enforcement of Foreign Custody Orders
Blog The Indiana Court of Appeals has rendered a detailed analysis of the “escape clause” in the UCCJEA concerning the enforceability of foreign countries’ custody orders.Coulibaly v. Stevance, 85 N.E. 3d 911 (Ind. Ct. App. 2017). After a hearing, a court in Mali, West Africa, had awarded custody of the parties’ children to the father. Prior […]
Poland’s Further Violation of Obligation to Return Abducted Child
Blog In the case of Oller Kamińska v. Poland, determined on January 18, 2018, [2018] ECHR 70, the European Court of Human Rights (First Section), sitting as a Chamber, has ruled that the Polish authorities violated their obligations to return an abducted child under the Hague Convention and the Brussels II bis Regulation. The Court held that the Polish authorities had failed […]
China: International Child Custody Disputes
Blog This 2016 article, based in part on my input, remains fully applicable today. I consult on such matters with clients around the world, always working with local counsel as appropriate. Jeremy Morley, www.international-divorce.com The Terrifying Reality of International Custody Disputes By Chen Ximeng 3/27/16 It’s been 15 years, but Susan Blumberg-Kason still remembers vividly […]
International Prenuptial Agreements for “Mail Order Brides”
Blog International prenuptial agreements – meaning prenuptial agreements between people who are from different countries or who might relocate to another country – are always tricky because they raise issues about two or more different legal systems and two or more different cultures. They generally require expert input from lawyers with substantial experience in international matters, […]
SLOVAK VIOLATION OF HAGUE ABDUCTION CONVENTION: Using Court Delays and other Judicial Devices to Block the Return of Abducted Children
Blog It is of the essence of the Hague Abduction Convention that cases brought under it should be handled and concluded expeditiously. The target of six weeks set forth in the Convention itself is made even more specific in the Brussels II bis Regulation governing abductions within the European Union. Unfortunately, lengthy judicial delays often occur, sometimes […]
Indian Supreme Court Rules that Indian Family Life is Better
Blog Upon re-reading the recent decision of the Supreme Court of India in Gupta v. Gupta — which endorsed a father’s abduction of a child from the United States to India on the primary basis that the child had been living in India since the abduction for 2½ years while the judicial proceedings were pending in India it […]
Supreme Court of India Endorses International Child Abduction
Blog The Supreme Court of India has just issued a final judgment, dated December 6, 2017, in a case entitled Gupta v. Gupta, in which, in my opinion, the Court expressly endorsed international child abduction. Although the child’s left-behind mother had applied for habeas corpus promptly after her husband abducted the child from Virginia, USA, 2½ […]
Japanese Supreme Court Upholds Refusal to Return Abducted Children
Blog By decision dated December 21, 2017 the Supreme Court of Japan has upheld the decision of the Osaka High Court to dismiss the petition under The Hague Abduction Convention to return four children who were abducted to Japan by their Japanese mother from their home in Minnesota in 2014, where they were born and […]
Repost: The New Divorce by Mutual Consent in France…
Blog We’re reposting this article here since it’s just recently been published in the NYSBA Family Law Review, Fall 2017, Vol. 49, No. 2:The New Divorce by Mutual Consent in France: Recognition and Risks of Post-Divorce Litigation in Common-Law Countries: The Examples of England and the United States Delphine Eskenazi, admitted to the Paris and […]
Court Bars a Child’s Visit to India
Blog The Federal Circuit Court of Australia has dismissed the application by an Australian mother of Indian origin to take her child to visit India. She stated that she wished her young daughter to be present in India, where she planned to marry an Australian man who is also of Indian origin, and then return to […]