Habitual Residence in the Hague Abduction Convention: European Common Sense v. American Confusion
Blog The Court of Justice of the European Union has issued a fascinating opinion (ECLI:EU:C:2017:436) concerning the definition of the term “habitual residence” as employed in both the Hague Abduction Convention and the governing European Union regulations. The contrast between the European approach to interpretation of this key term, and the various conflicting and confusing approaches […]
Argentina’s Hague Abduction Noncompliance Continues
Blog In June 2017, the U.S. Acting Principal Deputy Assistant Secretary for Consular Affairs delivered another demarche to the Argentine Ministry of Foreign Affairs, notifying the Argentine authorities that the U.S. State Department had again cited Argentina in the 2017 Annual Report for demonstrating patterns of noncompliance during 2016. Parents should be alert to the […]
Lawline: International Child Custody & Abduction
Blog My lecture on International Child Custody & Abduction is available at www.lawline.com/course-center/international-child-custody-abduction Some reviews: · Extremely interesting. Presenter had very effective style. · Excellent course. One of the best presenters I’ve seen. · superb lecture by Jeremy – thanks · Thoroughly enjoyed. Fascinating area. · Good information on a complicated subject.
Notes on Egypt and International Child Abduction
Blog The U.S. State Department has determined – and has reported to Congress – that Egypt has demonstrated a persistent failure to work with the U.S. Central Authority to resolve cases of international parental child abduction. The Superior Court of Washington for King County ruled in 2015 – based on the expert evidence of international […]
Expert Testimony as to Potential International Child Abduction to Colombia
Blog In an order issued on September 25, 2017, the Chancery Division – Family Part of the Superior Court of Union County, New Jersey, held that Jeremy D. Morley “was qualified by the Court, without objection, as an expert in the area of International Family Law and International Abduction cases. Mr. Morley was an extremely […]
Unenforceability of Japanese Custody and Hague Abduction Convention Orders
Blog Child custody orders are not enforced in Japan. There is merely a provision for a fine, but it is usually de minimis and rarely employed. It does not impede a parent with physical possession of a child from denying the other parent access to the child. This is one reason (among several) why child custody is not […]
Chinese Recognition of Foreign Divorce Judgments
Blog It has been reported that on 30 June 2017, “for the first time in history,” a Chinese court recognized and enforced a U.S. commercial monetary judgment. Dr. Jie (Jeanne) Huang, Chinese Court Unprecedentedly Recognized and Enforced a U.S. Commercial Monetary Judgment.The case is Liu Li v. Tao Li and Tong Wu decided by the Intermediate People’s Court […]
A decade later, Santa Ana dad still fights for his son’s return from Japan
Blog http://www.ocregister.com/2017/08/29/a-decade-later-santa-ana-dad-still-fights-for-his-sons-return-from-japan/ By SUSAN CHRISTIAN GOULDING | sgoulding@scng.com | Orange County Register8/29/17 In an alternate life, Keisuke Collins would have started high school last week as a freshman at Foothill High. But in reality, Keisuke lives an ocean away from Orange County and from the father who misses him. In the wake of a bitter divorce, Collins’ […]
Judicial Reliance on Morley’s Expert Report on Risks of Child Visit to China
Blog We are pleased to report that the Superior Court in Orange County, California has expressly relied upon my expert report on Chinese family law. The Court ruled that a father who was relocating to China should not be permitted to take his child for a visit to that country, in the face of opposition […]
Don’t Rely on the Hague Convention for Overseas Visits
Blog When considering whether to be concerned that the other parent plans to take a child on an overseas visit – which is normally a great benefit to a child and should generally be encouraged – it can be a huge mistake to rely merely on the foreign country’s accession to The Hague Abduction Convention. […]