Notes on Kuwait, Child Custody and Child Abduction

Blog Family and personal status law in Kuwait is governed by religious courts. In Kuwait the Sunni and Shi’a have their own court chambers to handle such matters in accordance with their own jurisprudence. In the case of Sunni Muslims, the Sunni chamber of the Family Court in Kuwait will apply the Maliki or the Hanbali interpretation […]

Notes on International Child Abduction and the Philippines

Blog Although the Philippines has acceded to the Hague Abduction Convention, the Convention is not in force between the United States and the Philippines because the United States has not accepted the Philippines’ accession. Articles 38 and 39 of the Convention provide that the treaty will not enter into force between an existing Contracting State and […]

Slovakian Noncompliance with the Hague Abduction Convention

Blog The European Court of Human Rights has determined, in the case of the abduction of three children from their habitual residence in Maryland to Slovakia, that the Slovakian legal system failed to protect the left-behind father’s rights and that Slovakia failed to comply with the obligation of our treaty partners to return abducted children […]

A Possible Child Visitation Law in Japan

Blog In Japan, if the parent who does not have physical possession of a child is allowed to have visitation with the child it will generally be limited to a few hours a month and be strictly supervised – usually in the courthouse, a police station or a lawyer’s office – if there is even […]

Child Visits to Mexico

Blog We are pleased to advise that, after a Family Court in California reviewed my lengthy and apparently persuasive expert report on the abduction risks of allowing a child’s visit to Mexico, and upon the Court then ruling that it would admit my expert testimony, the other parent’s application for an order to compel such […]

St. Kitts & Nevis Divorce Jurisdiction

Blog Pursuant to Section 3 of the Divorce Act 2005 of St. Kitts and Nevis, “The Court may hear and determine any Divorce proceedings if either spouse has been ordinarily resident in Saint Christopher and Nevis; for at least one year immediately preceding the commencement of the Divorce proceedings.” The phrase “ordinary resident” has been […]

Philippines’ Laws on Adultery, Concubinage and Marriage Nullity

Blog Philippines’ law criminalizes adultery and concubinage. Both are deemed “crimes against chastity” under the Revised Penal Code of the Philippines and are treated as sexual infidelity in the Family Code. The law discriminates against wives. The crime of adultery can be committed only by a wife and her paramour. The husband need only prove that […]

Singapore Ruling on Consent in Hague Abduction Cases

Blog The Singapore Family Court, in a ruling by District Judge Low, has rendered a ruling on consent in Hague abduction cases.  The Court issued the following determination*: “In summary, the legal principles in relation to consent that may be gleaned from the above mentioned cases are as follows: -Consent is not relevant to Art. 3 but to […]

Slovenia: International Child Abduction

Blog We have handled, with local counsel, several international family law matters concerning Slovenia. We have provided an expert report concerning the possibility of child abduction to Slovenia and issues concerning the return of children from that country. Appeals in Hague cases in Slovenia are permitted without leave of the Court and the effect of […]

Thoughts on India’s Repudiation of the Hague Abduction Convention

Blog When I was in India in early September there was great hope among the legal community that India would move forward to join the community of nations in acceding to the Hague Convention on the Civil Aspects of International Child Abduction. Those hopes were dashed by the recent announcement by India’s Women and Child Development […]