Hague Convention – Burden of Proof Case

Blog The U.S. Court of Appeals for the Fourth Circuit has ruled – in Humphrey v. Humphrey, a Hague Convention child abduction case concerning the removal of children from England to Virginia – that a federal district court in Virginia committed a fundamental error when it held that the left-behind father must establish the children’s habitual […]

English Divorce Law in Turmoil

Blog England is a forum of choice for spouses with less assets to sue their internationally-connected wealthier spouses for divorce.  Until 2000 the English courts divided a married couple’s assets in a way that would ensure that the “reasonable needs” of the financially weaker party — usually the wife — were met. It meant that […]

Malaysia: Fierce Debate about Polygamy & Divorce

Blog There is quite a furious debate under way in Malaysia over new family legislation on polygamy and divorce. Women’s groups are claiming that the new law will make it easier for men to take multiple wives and to claim property after divorce. The new law will apparently allow a husband to obtain an injunction […]

New York — Divorce and Tort Cases Between Spouses

Blog A New York court has held that a husband and wife are free to sue each for personal injuries for tort in a separate action than an action for divorce. Chen v. Fischer — N.Y.3d. —, — N.Y.S.2d — (2005 WL 3452221) (2005 N.Y. Slip Op. 09572)(Dec 15, 2005). The New York Court of […]

Scotland: Family law changes approved

Blog The Scottish Parliament has passed the most liberal divorce laws in the United Kingdom. Sweeping reforms to family law in Scotland have been approved. The new law reduces the time periods for a divorce. Until now, couples seeking to end their marriage where there are no fault grounds – such as adultery or desertion […]

England: London Family Court Delays

Blog A campaign to speed up the listing of family cases involving divorce and vulnerable children at risk of serious harm has been launched by the Law Society. A survey has found that such cases are commonly being delayed for up to six months. The Central London Family Court is worst affected, with some 70% […]

England: Generous Courts; Offshore Trusts

Blog John Charman, the eighth-wealthiest man in the City of London, tried to prevent his wife from gaining access to an offshore trust fund said to be worth 65 million pounds. He failed on Tuesday in his appeal against a High Court order that gives Beverley Charman details of the Bermuda fund and could affect […]

Japan – Haven for International Child Abduction

Blog English-language Japanese newspapers have reported on another case of a child being abducted by a Japanese parent to Japan. Japan refuses to become a party to the Hague Convention on the Civil Aspects of International Child Abduction, in spite of international pressure that it do so. The family courts in Japan do not provide […]