Notes on the Netherlands and the Hague Abduction Convention
Blog The Dutch Office of the Liaison Judge International Child Protection has reported as follows: In the Netherlands the International Child Abduction Implementation Act, amended in 2012, requires that all international child abduction cases should be filed with the (District or Appeal) Court of The Hague. Previously return proceedings might take months or even years […]
Indonesia & International Child Abduction The Indonesian Judicial Mafia
Blog The level of corruption within a state’s legal system may be an important factor in evaluating the risk of a proposed visit to that country by a child and a parent in litigation to permit or prevent such a visit. Obviously the risk is far greater if the level of corruption is high, especially […]
Michigan Has Adopted Uniform Child Abduction Prevention Act
Blog The Uniform Child Abduction Prevention Act is now in full force and effect in Michigan. The Michigan law reads as follows: M.C.L.A. § 722.1521 Sec. 1. This act shall be known and may be cited as the “uniform child abduction prevention act” M.C.L.A. § 722.1522 Sec. 2. As used in this act: (a) “Abduction” means the […]
Divorce Laws in Korea
Blog Grounds for Divorce in Korea A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Code. Both spouses need to agree and appear in court in Korea. Alternatively, the grounds for a judicial divorce in Korea are: An unchaste act (adultery); Malicious desertion; Extreme maltreatment […]
Forum Selection and International Divorce
Blog In some quarters, forum-shopping is a dirty term, but in international family law it is often an essential process. In fact, it could even be considered gross negligence if a divorce lawyer were to select the appropriate jurisdiction based on the location of the lawyer’s office rather than on the best interests of the […]
Japan: Update Discriminatory Civil Code
Blog Japan Times 3/4/15 The Supreme Court has decided to have its Grand Bench hand down judgments on whether two controversial provisions in the Civil Code are constitutional. One provision is requirement that a married couple must adopt the original surname of either the husband or the wife, and the other is a ban on […]
Prenuptial agreements come to Israel
Blog By Anav Silverman JERUSALEM — With more than 200 in attendance from both the Legal and Rabbinic worlds, Tzohar and The Israel Bar Association launched the new Prenuptial Agreement to protect and assist the future of Jewish marriage. “It’s the first time that a large group of rabbis have come together and approved such […]
Kerry quizzed on child abductions to India
Blog U.S. Secretary of State John Kerry faced sharp questions on Capitol Hill this week on international child abductions to India, with lawmakers asking him whether he had brought up the subject with Prime Minister Narendra Modi during his recent visit to New Delhi. “Did you raise child abduction with an emphasis on specific cases, […]
South Korea court says adultery law is unconstitutional
Blog SEOUL – South Korea’s Constitutional Court on Thursday struck down a controversial law outlawing adultery and threatening violators with jail. It marked the fifth time in 25 years that the court had considered the constitutionality of a 1953 statute which made South Korea one of the few non-Muslim countries to regard marital infidelity a […]
Poland’s Violation of the Hague Abduction Convention
Blog A court in Ontario, Canada has declared that the interpretation and application of the Hague Abduction Convention by two Polish courts was dead wrong and “repugnant to the objectives of the Convention.” The order dated February 12th 2015 by Justice David Price of the Superior Court in Ontario in Nowacki v. Nowacki pulls no punches in […]