Japan and the Hague Abduction Convention: An Update
Blog A few cases have been initiated in Japan under the Hague Abduction Convention. Unfortunately decisions in Hague cases in Japan are not being officially reported, are private and are not accessible. There have been newspapers reports about two cases of voluntary returns from Japan — one to Germany and one to Canada — and […]
How to Prevent International Child Visitation
Blog How can one parent stop the other parent from taking a child to visit a dangerous country? How can a parent make sure that a child will be returned if the other parent takes the child to visit his or her native country? Many international parents are becoming increasingly concerned about the answers to […]
Will the Supreme Court Resolve the Meaning of Habitual Residence?
Blog Tom Wolfrum and I have petitioned the U.S. Supreme Court in the 9th Circuit case of Murphy v. Sloan for a writ of certiorari on the issue of the interpretation of habitual residence in a Hague Abduction Convention case. The petition may be accessed through Westlaw at 2014 WL 6737443. The essence of our petition […]
Hungary and the Hague Abduction Convention
Blog I reported in 2011 that “Having worked on international child custody matters concerning Hungary for several years, and having consulted with Hungarian counsel on such issues, it is unfortunately clear that Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or […]
PRENUPTIAL AGREEMENTS IN SCOTLAND
Blog Prenuptial agreements are authorized by Scottish law. Section 9 (1) of the Family Law (Scotland) Act 1985 provides the principles that a court in Scotland must apply when deciding what order for financial provision, if any, to make upon a divorce. Such principles include the principle that “(a) the net value of the matrimonial property […]
English Suspicion of Prenuptial Agreements
Blog The legal status of prenuptial agreements in England remains far from clear. In the leading case, Radmacher v. Granatino, the U.K. Supreme Court in 2010 upheld the terms of a German marriage contract but it very carefully scrutinized the terms and the consequences of theagreement to determine whether or not they comported with the principle of […]
Preventing Child Visits to India
Blog Having represented numerous clients in international child custody matters concerning India, this author has been accepted on several occasions as an expert on international family law matters concerning India. The author is aware of seven cases in which courts in the United States, Canada and England have refused to allow visits to India because India […]
Child Custody in India: An Update
Blog The Law Commission of India has published a Consultation Paper on Adopting a Shared Parentage System in India. It has referenced two attempts that have been made to institutionalize shared parenting in India. The first is a set of guidelines on ‘child access and child custody’ prepared by the Tata Institute of Social Sciences […]
Book Review The Hague Abduction Convention by Jeremy D. Morley
Blog 2-FEB Colo. Law. 60 Colorado LawyerFebruary, 2013Department Reviews of Legal ResourcesBook Review *60 THE HAGUE ABDUCTION CONVENTION: PRACTICAL ISSUES AND PROCEDURES FOR FAMILY LAWYERS BY JEREMY D. MORLEY 404 PP.; $149 ABA PUBLISHING, 2012 321 N. CLARK ST., CHICAGO, IL 60610-4714 (800) 285-2221; WWW.ABABOOKS.ORG Review of Morley’s The Hague Abduction Convention Here is a review of my book […]
Competing Divorce Jurisdictions: England versus Malaysia
Blog In a high profile international divorce case a Malaysian court has ruled that it has divorce jurisdiction over the parties even though an English court ruled recently that the English courts have divorce jurisdiction. The wife had asserted – successfully in England – that she her home is in England, but the court in […]