Austria: 2022 State Department’s Annual Report on International Child Abduction
Blog Country Summary: The Convention has been in force between the United States and Austria since 1988. In 2021, Austria demonstrated a pattern of noncompliance. Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention, and law enforcement regularly failed to enforce return orders rendered by the judicial authority in […]
PREVENTING CHILD ABDUCTION TO LEBANON
Blog by Jeremy D. Morley Lebanon is, in my opinion, a proven safe haven for international parental child abduction. I testified to this effect last month in great detail in a case in Texas. My credentials include extensive research concerning Lebanese family law, consultations with numerous clients, and often with Lebanese counsel, concerning abductions and […]
INTERIM MAINTENANCE IN HIGH-NET-WORTH CASE IN ENGLAND, DESPITE NEW YORK PRENUPTIAL AGREEMENT
Blog By Jeremy D. Morley* High-net-worth divorce cases in England can be both unpredictable and extremely expensive, even when the parties have signed a well-drafted, thoroughly reviewed and subsequently modified New York prenuptial agreement containing substantial provisions for the lesser wealthy spouse. A case on point is Collardeau-Fuchs v. Fuchs, [2022] EWFC 6 (21 February 2022). The […]
FINANCIAL RESTITUTION AGAINST INTERNATIONAL PARENTAL CHILD KIDNAPPERS
Blog U.S. law allows a left-behind parent whose child has been abducted to the United States to compel the abducting parent to repay all of the fees and expenses incurred in seeking the child’s return. 22 U.S.C. §9007(b)(3). But there is no similar provision that clearly entitles a left-behind parent whose child has been abducted […]
Hague Abduction Cases: Left-behind Parents, Lawyers & Judges Must Understand How Central Authorities’ Roles Vary Dramatically between Countries
Blog The Hague Abduction Convention requires each treaty party to establish a Central Authority to provide assistance in both “outgoing” cases in which a child is taken away from a country and “incoming” cases in which a child has been brought into the country. The Convention leaves it up to each country to decide how […]
SUPERVISED VISITATION TO PREVENT INTERNATIONAL CHILD ABDUCTION TO INDIA OR UAE: CANADIAN COURT RULING
Blog by Jeremy D. Morley Supervised visitation is sometimes the only effective way to prevent international child abduction, especially when a country does not have effective exit controls. For this reason, in a decision dated January 7, 2022, the Superior Court in Ontario, Canada (Pinto J.) has required that a father’s access to his child […]
Danger of Self-Help After An International Child Abduction
Blog This story shows inherent risks of “self-help” in “re-kidnapping” internationally-abducted children. See my articles on preventing child visits to Lebanon, Jordan, Egypt, other countries if parent anticipates non-return.
INTERNATIONAL CHILD RELOCATION FROM CANADA
Blog by Jeremy D. Morley With effect from March 1, 2021, the Divorce Act of Canada has made significant changes to the Canadian law concerning child relocation, including international relocation. However, while the legislation contains a helpful clarification concerning the applicable burden of proof, it includes a list of factors that should be considered in […]
U.S. Diplomatic Protest – Brazil & International Child Abduction
Blog Jeremy D. Morley In June 2021, the Deputy Chief of Mission at U.S. Embassy Brasilia delivered a formal diplomatic protest known as a “demarche” to the Brazilian Ministry of Foreign Affairs, notifying Brazilian officials that the Department again cited Brazil in the 2021 Annual Report on International Child Abduction for demonstrating a pattern of […]
Bangladesh: The Dowry Prohibition Act of 2018
Blog by Jeremy D. Morley The Dowry Prohibition Act of 2018 (the “Act”) of Bangladesh prohibits the giving or receiving of a dowry. The primary purpose of the Act is to end the custom whereby the bride’s family makes a financial payment to the groom’s family upon a marriage. The system is now seen to be […]