NCMEC Not Handling Incoming Child Abduction Cases
Blog The National Center for Missing & Exploited Children has announced that as of April 1, 2008 it will no longer handle any aspect of incoming child abduction cases arising under the Hague Convention on the Civil Aspects of International Child Abduction. As the U.S. Central Authority, the U.S. Department of State has decided to […]
Saudi Family Law Must Be Revised: U.N.
Blog GENEVA (Reuters) – Saudi Arabia must create laws to protect women from violence and also allow them to play a bigger role in society and the workplace, the United Nations said on Thursday. “The lack of written laws governing private life constitutes a major obstacle to women’s access to justice,” said Yakin Erturk, the U.N.’s […]
Islamic Divorces Not Recognized in France
Blog The French courts now generally refuse to recognize Islamic divorce decrees. So reports the conflictoflaws.net blog. The typical cases before the French courts concern Islamic divorces obtained in Algeria or Morocco by husbands of Algerian or Moroccan origin who have emigrated to France. When the wife decides to sue for divorce in France, the husband travels to Algeria or Morocco for a quick Islamic divorce (talaq) under which […]
Slovakia Hague Abduction Injustice
Blog In what is believed to be the first Hague case in Slovakia concerning an abduction to that country from the United States (a case in which I acted for the father), a Slovak appeal court has rejected a Hague return application on grounds that make the prospects of meaningful application of the treaty in […]
Automatic Restraining Order and Nonresident Child
Blog In many states a standard restraining order automatically issues whenever a custody petition is filed. The orders typically prohibit a parent from removing a child from the state without the other party’s consent or a court order. Do such orders require a parent whose child is in another state or country to bring the […]
Cyprus: Foreign parents with joint custody may face prosecution if they leave
Blog A PARENT who decides to leave Cyprus with his or her children without first seeking the approval of their other half could soon be subject to criminal prosecution. In its January 3 sitting, the Cabinet approved a bill submitted by the Justice Ministry that is set to alter the Penal Code. The proposed law […]
Hague Abduction Convention: The Defense of Grave Risk of Harm Is Not Working
Blog The case of Van de Sande v. Van de Sande, which was remanded by the Seventh Circuit to the district court in Illinois in 2005 (431 F.3d 567 (7th Cir. 2005) appears to have taken a tragic turn. The district court has now rendered a ruling in which it has thrown the proverbial book at the violent and […]
Hague Abduction: New 6th Circuit Case on Grave Risk of Harm
Blog The U.S. Court of Appeals for the Sixth Circuit has issued a highly significant ruling on the grave risk of harm defense to a Hague Convention international child abduction petition. Simcox v. Simcox, File No. 07a0502p.06; decision dated December 28, 2007. The decision speaks to the role that undertakings should play in rulings that concern […]
England Inching Towards Prenuptial Enforcement
Blog The English courts yesterday took a further step towards eventual enforcement of prenuptial agreements. In Crossley v. Crossley, the spouses had signed a prenuptial agreement in England. The wife asked the divorce court to ignore it because her husband had failed to tell her of the full extent of his fortune. He retaliated by successfully asking […]
Canadian Court – Jewish Divorce
Blog The Supreme Court of Canada made a rare foray into the religious forum yesterday, coming to the aid of a 48-year-old Jewish woman whose estranged husband had stubbornly refused for 15 years to grant her a religious release from their marriage: A 7-2 court majority said that judges must tread warily when they adjudicate […]