EU Member States Attack Divorce Conflict of Laws Scheme
Blog 16.11.2006 – 09:30 CET | By Teresa KüchlerEUOBSERVER / BRUSSELS – EU member states are lining up to attack a European Commission proposal to establish common rules for cross-border divorces which could – in an extreme scenario – see Iranian divorce rules applied in European courts in future. The proposal – called Rome III […]
Claim for Concealment of Value of Marital Assets Dismissed in New York
Blog Once a divorce case is settled, parties often experience “buyer’s or seller’s remorse’ but a just-decided New York case shows how tough it is to set aside a divorce settlement — even in an extreme case in which the value of an asset turns out to have been undervalued by many millions of dollars. […]
Habitual residence of a baby in a Hague case
Blog The Seventh Circuit has issued a significant new ruling on habitual residence of babies and young children in Hague international child abduction cases in Kijowska v. Haines, (7th Cir. Sept. 8, 2006).
Interplay of UCCJEA and the Hague Abduction Convention
Blog The Uniform Child Custody Jurisdiction and Enforcement Act and the Hague Convention on the Civil Aspects of International Child Abduction need to be applied consistently with each other — or there can be serious confusion and unfairness. A very recent New York case, Krymko v. Krymko , (App.Div. 2d Dept., 9/19/06), demonstrates the sensible application of […]
Three Sides to Every International Child Abduction Story
Blog The British media have been full of hype about a 12-year old girl who was allegedly abducted from her home in Scotland and taken to Pakistan by her father for what was claimed to be a forced marriage. The case illustrates the way in which public opinion in international child custody cases can easily […]
There are Two Ways to Prepare for an International Divorce
Blog Are you someone who always runs at the last minute to catch a plane? Or do you prefer to arrive at the airport ten minutes early and relax? This is a question that ‘marketing guru’ Seth Godin asks so as to illustrate the benefits of sensible planning in business. In my area — international […]
Enforceable Prenuptial Agreements: Their Time Has Come
Blog “Jeremy D Morley, Attorney-at-Law, International Family Law Office, New York, USA. The author says that the failure of English courts to enforce prenuptial agreements is an anachronistic peculiarity of English law that demonstrates a stubborn refusal to adapt the law to new conditions. The recent judgments of the House of Lords in Miller v Miller; McFarlane […]
New Parental Relocation Law in Connecticut
Blog Connecticut has passed “An Act Concerning the Relocation of Parents Having Custody of Minor Children,” to be effective October 1, 2006, that significantly changes the law of parental relocation in Connecticut. The Act is a result of the decision of the Connecticut Supreme Court in Ireland v. Ireland, 246 Conn. 413, 428, 717 A.2d 676 […]
Custody orders not respected internationally; Children abducted overseas
Blog The news story below demonstrates why it is so important for the courts to listen to parents who are concerned that their children may be taken to countries that do not respect custody orders issued by the courts of the countries from which children are taken. The article concerns the abduction of a child […]
International Relocation of Children
Blog Our article, International Relocation of Children: American and English Approaches, by Jeremy D. Morley and James H. Maguire, has been published in International Family Law.