India: Safe Haven for International Child Abduction
Blog For several reasons, India has become a safe haven for child abductors. First, India is not a party to the Hague Convention on the Civil Aspects of International Child Abduction. The Convention is the fundamental international treaty that protects the rights of abducted children and serves to have them returned promptly to the country […]
Strategic International Divorce ™
Blog International family lawyer, Jeremy D. Morley, announces the launch of the Strategic International Divorce Planning™service. Morley contends that people with assets and international connections who are contemplating a divorce, as well as the spouses of such people, should first seek strategic planning support. The financial consequences of being divorced in one jurisdiction rather than another […]
German Failure to Expedite Hague Child Abduction Cases
Blog It is our personal experience handling international child abduction cases in Germany (with local counsel) that serious problems apply with respect to the prosecution and satisfactory resolution of Hague Child Abduction Convention applications in Germany. The situation is so serious that we have written a letter to Secretary of State of State Condoleezza Rice […]
California mother held in custody breach case
Blog I am posting this to draw attention to what should be simply routine: the arrest of a parent after her abduction of her child. Hats off to California — the most progressive American state in this regard. By Sara EatonThe Journal GazetteMay 10, 2006 Police arrested a California woman Monday on charges of violating […]
Abducting parent (Canada to France) in Jail
Blog Vancouver court gets serious Woman accused of abducting her children to France is denied bail at 19:22 on May 11, 2006, EST.http://www.940news.com/nouvelles.php?cat=23&id=511119 VANCOUVER (CP) – A woman accused of abducting her two children and hiding out in France has been denied bail and ordered to stay in prison while she is pregnant. Nathalie Gettliffe-Grant […]
“Rights of Custody” under the Hague Convention
Blog In Bader v. Kramer, decided on April 17, 2006, the Fourth Circuit reviewed the meaning of the term “rights of custody,” which is one of the fundamental elements of any application under the Hague Convention on the Civil Aspects of International Child Abduction. The parties were married, lived in Germany, had a daughter in 1999 […]
Rabbinic Courts in Israel
Blog Israel’s High Court of Justice has ruled that Israel’s rabbinic courts may not resolve divorced couples’ property and financial disputes unless they have explicit legal approval to do so. The Court rejected the rabbinic courts’ authority to serve as arbitrators in financial disputes, even though both parties had agreed to the proceeding. The Court […]
Islamic divorce vs. U.S divorce
Blog Islamic men who are foreign nationals but American residents often seek to divorce their spouses under the Sharia law prevailing in their country of origin rather than the secular law prevailing in the state of their marital domicile. Their intent is (a) to obtain an instant divorce by merely speaking certain words, (b) to […]
English divorce law: Divorced from reality
Blog Today’s (London) Times contains an opinion article from the paper’s former editor, William Rees-Mogg, attacking the English divorce system. The article, entitled “Divorced from the realities,” reflects a rising tide of anger in England that the English divorce laws, as they have been changed drastically but badly by the English judiciary in the past […]
Hague Convention: Consent & Acquiescence
Blog The High Court in England seems to have made it far easier for a child-abducting parent to prove the defenses of consent and acquiescence in a Hague Convention child abduction case than has previously been the case. In CJ v KJ [2005] EWHC 2998 (Fam), Mr. Justice Sumner accepted the evidence of the mother, who had […]