UAE Divorce & Custody: No Due Process
Blog A court in Marin County, California has ruled in favor of our client in a divorce and custody case, that the legal system in Dubai, UAE does not meet minimum due process standards under the 14th Amendment to the U.S. Constitution, since a principal benchmark of due process is the assurance that individuals will […]
Mr. Morley’s Winning Advice by Berta Fernandez
Blog When it comes to divorce and who gets to keep the house and children, it is not easy at all to stay rational and focused. The first gut instinct is to find a divorce lawyer that is on your side to defend your interests. As a Law School student, I understood during International Private Law class that ‘the […]
Mirror Orders to Help Prevent International Child Abduction
Blog “Mirror” orders can be a useful tool in the arsenal of lawyers who handle cases concerning international child travel and the prevention of potential international child abduction. Increasingly courts are being asked to enjoin parents from taking children overseas because of a parent’s fear that the children will not be returned. Courts must take […]
No Exit Controls in the United States!
Blog It seems appropriate at this time to reiterate the fact that this country has no exit controls, with minimal exceptions. We try to control who comes in to this country, but we should also control who goes out. Especially if the people who are being taken out are U.S. citizen children who are being […]
New Economist Article on International Family Law
Blog I was recently interviewed in connection with the below article, set to be published in the latest edition of the Economist:. Kate Baggott and her two children live in a tiny converted attic in a village near Frankfurt. Ms Baggott, who is Canadian, has a temporary residence permit and cannot work or receive benefits. […]
California – Israel – New York Child Custody Jurisdiction Case
Blog I am pleased that the Appellate Division of the State of New York, Second Department, today affirmed, in my client’s favor, an order of the Family Court, Westchester County dismissing a child custody petition for lack of subject matter jurisdiction pursuant to the Uniform Child Custody Jurisdiction and Enforcement Act. The case was handled […]
The Hague Abduction Convention, Second Edition, by Jeremy D. Morley
Blog The Hague Abduction Convention, Second Edition, provides a clear explanation of how the Hague Convention on the Civil Aspects of International Child Abduction works in the United States. Hague cases require an intimate knowledge of the Convention and of the voluminous case law that has developed around it. Hague cases also require a complete […]
Russia parliament votes 380-3 to decriminalize domestic violence
Blog Russia’s parliament voted 380-3 on Friday to decriminalize domestic violence in cases where it does not cause “substantial bodily harm” and does not occur more than once a year. The move, which eliminates criminal liability in such cases, makes a violation punishable by a fine of roughly $500, or a 15-day arrest, provided there […]
India Debates the Hague Abduction Convention
Blog The debate swirls in India as to whether or not that country should accede to the Hague Abduction Convention. When I was in India in September it appeared that the consensus of leading members of the legal community there was that India should, and would, sign the treaty, and would thereby join most of the […]
Notes on International Child Abduction to Nicaragua
Blog 1.Nicaragua is a signatory to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. However, the United States is not partnered with Nicaragua under the Convention. There are no bilateral agreements in force between Nicaragua and the United States concerning international parental child abduction. 2.The State Department has determined that Nicaragua is a […]