New Jersey Child Relocation to Japan
Blog The Supreme Court of New Jersey has unanimously upheld a decision allowing a Japanese mother to relocate with her six-year old child from their home in New Jersey to Okinawa, Japan over the strong objections of the American husband. The primary concern of the husband was that the provisions for his visitation with his daughter were unenforceable in Japan. MacKinnon v. […]
South Africa and the Hague Convention
Blog South Africa’s Court of Appeal has blasted the failure of the courts below to order the prompt return of a child, now aged five, who was wrongfully retained in South Africa away from his then habitual residence in the Netherlands by his mother for 3½ years. The Court ordered (June 4, 2007) that the child now be returned […]
London Program: “International Family Law for the Globetrotting Executive”
Blog The American Bar Association’s Section of International Law will hold its “Fall Meeting” at the Grosvenor House Hotel, Park Lane, London, England from October 3 – 6, 2007. A session entitled “International Family Law for the Globetrotting Executive” will be held on Thursday, October 4, 2007 from 4:00pm to 5:30pm chaired by Jeremy D. Morley, attorney-at-law in New […]
English Court Wants Enforceable Pre-Nuptial Agreements
Blog The English Court of Appeal has dismissed the husband’s widely-publicized appeal in a so-called ‘big money case’ of an award to his wife of 36% of the matrimonial assets. Charman v Charman, [2007] EWCA Civ 503. In a special conclusion entitled “Post-Script: Changing the Law,” the Court went out of its way to encourage the Government […]
Registration of Children Born after Divorce Begins in Japan
Blog A new registration system under which municipalities accept babies born within 300 days after a divorce as the child of the mother’s new husband started Monday. The measure, however, requires doctor certification proving conception happened after the divorce. The Civil Code stipulates a baby born within 300 days of divorce is the former husbands’ child […]
Ireland – Financial Settlements in Divorce Cases Can be Re-negotiated at any Time
Blog A MOTHER of five has won an extra €2 million in a shock divorce ruling that could force ex-partners to pay their former spouses additional monies if their wealth increases after they split up. The High Court judgment means financial settlements in divorce cases can be re-negotiated at any time and also means ex-partners […]
Hague Abduction Convention: No Appeal from Denial of Summary Judgment Motion
Blog The First Circuit has ruled that the denial of a petitioner’s motion for summary judgment in a proceeding for an order directing the return of a child pursuant to the Hague Convention on International Child Abduction is not appealable.Rigby v. Damant 5/15/2007. The mere fact that the case ultimately sought injunctive relief did not mean […]
Venezuela “Noncompliant” with Hague Child Abduction Convention
Blog The U.S. Department of State, in its 2006 Report on Compliance with the Hague Convention on the Civil Aspects of International Child Abduction, has declared that Venezuela is “noncompliant” with the terms of the Convention. The report states that: “Venezuela was not mentioned in the 2005 Convention compliance report because there were no active cases […]
Child relocation to Japan
Blog Custody dispute crossing borders: Mom wants to take daughter to Okinawa Newark Star-Ledger, May 01, 2007 The state Supreme Court will hear oral arguments today in a Hillsborough child custody case with international implications. After the breakup of her marriage, Erika MacKinnon wants to return to her homeland, Japan, along with her 7-year-old daughter. A network of […]
Pakistan Law and Violence Against Women
Blog The Council of Islamic Ideology (CII) of Pakistan ruled on March 31, 2007 that a woman who is raped should not be considered guilty of adultery and should be viewed under the law as a victim of rape. The ruling may reduce the impact of the Hudood Ordinances adopted in Pakistan in 1979 under which in order to […]