PRENUPTIAL AGREEMENTS IN BELGIUM
Blog Under Belgian law, if there is no marriage contract, the spouses are governed by the statutory prenuptial system of separation of assets with a community of acquisitions. In order to deviate from the statutory default regime, the parties must enter into a marriage contract pursuant to which they select a specified regime or create […]
International Child Custody and India – Court Delays
Blog by Jeremy D. Morley We have often reported, and I have often testified, on the substantial impact of court delays in India on cases concerning international child abduction and international child visitation. Yesterday, the Supreme Court of India demanded that the Chief Justice of the Allahabad High Court take steps to remedy the problem of gigantic […]
Court Ruling Concerning the Abduction Dangers of Allowing Child Visits to India
Blog by Jeremy D. Morley Based on my expert testimony concerning the laws and practices of Indian courts in international child custody cases, a court in Minnesota has overturned an order directing that a child living in Minnesota should have visitation with the mother in India. The Minnesota Court of Appeals had remanded the case “in […]
THREE CASES, THREE CHILDREN RETURNED THIS WEEKEND!
Blog By Jeremy D Morley Over this past weekend, three children of three of our firm’s clients, who were the subject of three separate international child custody cases, were safely returned home. In one case, the American child was returned from Asia, primarily because our client followed our strategic advice, because our client had safeguarded […]
DATE OF HAGUE CONVENTION WRONGFUL RETENTION: AN UPDATE
Blog Jeremy D. Morley The U.S. Court of Appeals for the Second Circuit has accepted my client’s position. In cases where the petitioning parent originally consented to the child’s stay outside its habitual residence, wrongful retention occurs on the date that the petitioning parent is informed that the other parent will not return the child […]
Date of Wrongful Retention of a Child for Hague Abduction Convention Purposes
Blog by Jeremy D. Morleywww.international-divorce.com I argued a case this morning before the U.S. Court of Appeals for the Second Circuit on the issue of determining the correct date of the alleged wrongful retention of children in a case brought under the Hague Abduction Convention. The first step in a Hague Abduction Convention case is usually to […]
International Divorce Planning
Blog www.international-divorce.com by Jeremy D. Morley People with assets and international connections who are contemplating a divorce or separation from a partner, as well as their spouses and partners, should consult experienced international family law counsel for advice on strategic international divorce planning as far in advance of filing suit as possible. The financial consequences […]
PHILIPPINES AND THE HAGUE ABDUCTION CONVENTION
Blog www.international-divorce.comby Jeremy D. Morley* The Philippines acceded to the Hague Abduction Convention in 2016, but it did not establish procedures to implement the Convention until 2022. In February 2022, the Department of Justice of the Philippines, as the designated Central Authority, published a Department Circular establishing the procedure to process applications under the Convention.In […]
Indigeneity in Hague Abduction Convention Cases
Blog Jeremy D. Morley In a Hague Abduction Convention case in the Supreme Court of British Columbia, Canada between two Canadian parents living in Puerto Escondido, Mexico with their young child, arising out of the mother’s removal of the child from Mexico to Canada, the mother raised a unique claim. She argued that the child […]
Brazil Expands the Grave Risk Exception to the Hague Abduction Convention
Blog by Jeremy D Morley www.international-divorce.com The Attorney General’s Office of Brazil has issued a report that recommends that the Brazilian courts should adopt a “broad” interpretation of the Article 13 “grave risk” exception in the Hague Abduction Convention. The Office of the Presidency of Brazil has submitted the report to Brazil’s Federal Supreme Court. […]