RECOGNITION OF FOREIGN COUNTRY DIVORCE DECREES: AN IMPORTANT NEW CASE
Blog The rule that a foreign country divorce decree will not be recognized unless at least one spouse was domiciled (or possibly resident) in the foreign country applies in most states even if the parties both appeared in the foreign proceeding. See Jeremy D. Morley, International Family Law Practice, Sec. 5.11 (2020 edition). New York has long followed its […]
ABDUCTION PREVENTION MEASURES: FAILURE TO ADOPT HAGUE CONVENTION INSUFFICIENT BASIS TO REQUIRE
Blog A Colorado appeal court has remanded a case in which a trial court imposed measures intended to deter possible international child abduction to the U.A.E. because the lower court ruling was almost exclusively based on the mere fact that the U.A.E. has not adopted the Hague Convention on the Civil Aspects of International Child […]
CONNECTICUT COURT REFUSES TO ENFORCE UAE CUSTODY ORDER
Blog by Jeremy D. Morley[1] A Connecticut court has refused to enforce a custody order of the United Arab Emirates on the ground that the order is repugnant to Connecticut public policy. The UAE court awarded custody of two children to their father because they and the father are Muslim while the mother is Christian. Al […]
KOREAN NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION
Blog Korea has been cited by the U.S. State Department as “noncompliant” with its obligations under the Hague Abduction Convention, and the U.S. Special Advisor for Children’s Issues in the State Department’s Bureau of Consular Affairs met with Korea’s Ministry of Justice today, December 7, 2022, to address the problem. In July 2022, the U.S. […]
CHINA, INTERNATIONAL CHILD ABDUCTION, AND EXPERT TESTIMONY
Blog China is a safe haven for international child abduction. I submitted a very detailed expert report to that effect and then testified remotely as an expert witness in a court in the U.S. today. The other side conceded this essential fact.
DOMINICAN REPUBLIC: EXITING WITH CHILDREN
Blog Jeremy D. Morley Children who are either citizens or legal residents of the Dominican Republic cannot be taken outside the Dominican Republic without full compliance with the Dominican Migration Department rules. This applies even for dual citizen children. Those requirements are as follows: If the child is traveling with both parents, they merely need […]
HAGUE CONVENTION RETURN OF ABDUCTED CHILD FROM FRANCE
Blog We receive numerous testimonials from many of grateful clients. This one touched Jeremy especially: “I wanted to let you know that my son was returned to New York yesterday and he’s already running in the playground. I wanted to express my gratitude to you as I wouldn’t have had this wonderful moment without you. Your […]
Japan’s acceptance of child abduction treaty leaves pre-Hague parents in limbo
Blog By MATTHEW M. BURKE AND KEISHI KOJA STARS AND STRIPES • October 19, 2022 https://www.stripes.com/theaters/asia_pacific/2022-10-19/japan-parental-child-abduction-hague-7740130.html In the 10 years since Donny Conway’s daughters Christina and Chihiro were taken by their Japanese mother to her home country without his consent, he has kept their bedroom in his California home filled with unopened Christmas presents, handwritten notes and […]
International Marital Disputes, Section 498A, Right to Travel and the Uncertainty Concerning Anticipatory Bail
Blog By Stutee Nag Indian couples who relocate to a foreign country often undergo tremendous pressure due to their highly demanding jobs, immigration-related stress, and the lack of a proper support system in their new country of residence. Unfortunately, for some, their marriage suffers the brunt of it. In some cases, such marital issues escalate […]
Child Custody Jurisdiction in India
Blog Jeremy D Morley Jurisdiction in India concerning child custody matters is primarily based on the concept of “ordinary residence.” Section 9 (1) of the Guardian and Wards Act 1890 provides that, “If the application is with respect to the guardianship of the person of the minor, it shall be made to the District Court […]