Indian Section 498A Prosecutions Against Expat Indian Husbands: An Update
Blog by Jeremy D. Morley The Supreme Court of India has issued another significant ruling concerning the notorious Section 498A of the Indian Penal Code. Rajesh Chaddha v. State of Uttar Pradesh [2025 INSC 671]. The Penal Code has recently been renamed as the Bharatiya Nyaya Sanhita, and Section 498A is now renumbered as Sections […]
JAPANESE ADMINISTRATIVE DIVORCES: KYOGI RIKON DIVORCES IN U.S. COURTS
Blog by Jeremy D. Morley[1] www.international-divorce.com A divorce by consent in Japan, known as a kyogi rikon, is obtained by completing a one-page “rikon todoke” form identifying basic matters about the parties and their children, such as names of the parties, the fact that it was a divorce by consent, the nationality of the spouse if the spouse […]
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Domestic Violence and Grave Risk of Harm under the Hague Convention
Blog I will be presenting at a workshop on Domestic Violence and Grave Risk of Harm under the Hague Convention at the AFCC Conference in New Orleans on May 30, 2025, together with three excellent Canadian lawyers, Max Blitt (Calgary), Michael Stangarone and Tiffany Guo (Toronto). The workshop announcement reads:“The Hague Convention of 25 October 1980, […]
NO SUMMARY RETURN OF CHILD ABDUCTED FROM CHINA
Blog by Jeremy D. Morley A court in England has refused to order the summary return to China of a child abducted from that country because of expert evidence concerning the laws and procedures of China in cross-border child custody cases. E v O [2025] EWHC 500 (Fam). The married parties, a Chinese mother and […]
NETHERLANDS – HAGUE ABDUCTION CONVENTION AND NON-HAGUE COUNTRIES
Blog The Hague Abduction Convention normally applies only if the Convention is in force between the country of the child’s habitual residence and the country in which the child is currently located. However, the Dutch Implementation Act, pursuant to which the Hague Abduction Convention was brought into Dutch law, provides that the Implementation Act also […]
PRENUPTIAL AGREEMENTS IN AUSTRALIA
Blog Prenuptial agreements, known as “binding financial agreements,” first became enforceable in Australia in 2000 with the enactment of the Family Law Amendment Act 2000. Part VIIIA of the Family Law Act sets forth particular provisions concerning the oversight to be given to such agreements by family law solicitors. For a binding financial agreement to […]
PREVENTING INTERNATIONAL CHILD ABDUCTION: NEW TEXAS CASE
Blog by Jeremy D. Morley An appeal court in Texas has upheld a trial court’s refusal to impose measures intended to prevent the abduction of a child to Russia by a Russian parent, even though the United States has refused to accept Russia as a treaty partner under the Hague Convention on the Civil Aspects […]
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 […]