MARRIAGE-LIKE RELATIONSHIPS IN BRITISH COLUMBIA, CANADA
Blog In British Columbia, Canada, unmarried partners may be deemed to be in a “spousal relationship” that entitles them to be treated as spouses for the purpose of securing financial remedies upon the termination of the relationship as if they were actually married. Section 3 of the Family Law Act of British Columbia provides that […]
International Child Relocation: When is an Application Required?
Blog If a parent wants to take a child who is living in the United States to live in another country, is it necessary for the parent to apply to court for permission to relocate? A. Consent If the relocating parent has received the other parent’s consent to relocate, then there will generally be no […]
Algeria and International Child Abduction
Blog My expert evidence on the international family law aspects of the laws and procedures of Algeria has resulted in a highly favorable settlement for a parent who feared that the parties’ children might be taken out of the United States to Algeria. I explained that. in my opinion. if the other parent were to […]
Preventing International Child Abduction: The U.S. National Targeting Center
Blog The National Targeting Center in the U.S. Customs and Border Protection Agency provides invaluable assistance in identifying parents and children about to leave the country in violation of U.S. court orders, provided the process is properly initiated. Any parent who has obtained a valid and enforceable order from any court in the United States […]
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 […]