Court hands win, loss to Hackensack law firm, Hasbrouck Height’s dad seeking girl’s return from Spain
Blog By PETER J. SAMPSON An appeals court has reversed a $424,000 award to the daughter of a Hasbrouck Heights man who sued a Hackensack law firm, claiming its release of her passport allowed the girl to be kidnapped to Spain by her mother in a bitter matrimonial split. At the same time, the state […]
Important Indian Ruling on India’s Notorious Section 498A Law
Blog In an important ruling on India’s notorious “Section 498A law” (see www.international-divorce.com/Indias-Notorious-Section-498A.htm), the Bombay High Court has ruled that a wife who made unsubstantiated allegations in a criminal case that she initiated against her husband and family under Section 498A of India’s Penal Law has thereby committed acts of cruelty sufficient to provide a ground […]
Morley’s Expert Opinions as to India’s Child Custody Laws and Sec. 498A of India’s Penal Code Upheld in California
Blog A California court has upheld my expert evidence on the child custody laws of India to the effect that if a child is taken to and wrongfully retained in India it will generally not be possible to secure the child’s prompt return from India. The Court also found that any effort to seek the […]
Japan: Lawmakers launch group to ensure visitations after divorce
Blog Kyodo News International March 18, 2014 More than 40 Japanese lawmakers set up a group Tuesday with an aim to enact legislation to ensure visitations between children and their parents separated due to divorce or marital disputes in Japan. The lawmakers from both ruling and opposition parties will strive to prevent severance of the […]
Supreme Court New Hague Abduction Convention Ruling
Blog The U.S. Supreme Court has today, in Lozano v. Montoya Alvarez, upheld the Second Circuit ruling that the one year period in the “one year and settled” exception to the Hague Abduction Convention is not subject to equitable tolling. The decision is not surprising since that is what the treaty provides and the American equitable tolling […]
Russia to establish special courts for international kidnapping cases
Blog 03/03/2014 MOSCOW, March 3 (RAPSI) – Russia will establish special courts to adjudicate cases involving international kidnapping cases, Deputy Minister for Education and Science Veneiamin Kaganov told RIA Novosti Monday. In 2011, Russia joined the International Convention on the Civil Aspects of International Child Abduction, which aims to facilitate the immediate retrieval of children unlawfully […]
English Prenuptial Plan Ill-Considered
Blog I believe that the U.K. Law Commission’s hot-off-the-press proposal about prenuptial agreements in England and Wales is somewhat ill-considered. The reason that parties who marry want prenuptial agreements is to create security as to the financial terms of their future relationship and to avoid the potential expense, intrusiveness and uncertainty of litigation concerning the […]
Cayman Islands: Family court rulings made public
Blog Family court rulings made public Local courts buck long trend of secrecy By: Brent Fuller | brent@cfp.ky 20 February, 2014 Court cases involving child custody, adoption and divorces heard in the Cayman Islands Grand Court, Family Division are – in certain instances – now being made public once a judgment is rendered. To protect the identities of […]
Bond Unreliable to Deter Potential International Child Abduction
Blog A Florida appeal court has sensibly overturned a lower court’s decision that had allowed the visit of two children to Jamaica to see their father conditioned primarily on his filing a $50,000 bond. The father had been deported to Jamaica upon convictions for battery on the mother and had repeatedly threatened to kidnap the […]
Turkish Family Law
Blog I had the great pleasure and privilege recently of addressing the First Turkish-American Lawyers Conference at New York Law School on the topic of “Turkey and International Family Law.” My particular focus was on Turkey and international child custody matters, especially: -Relocation of children from Turkey to the United States. -The recovery of children abducted […]