Section 498A Divides the Supreme Court of India
Blog A vigorous dispute that affects non-resident Indians throughout the world is playing out within the Supreme Court of India itself about a notorious provision in India’s Penal Law. Section 498A of the Indian Penal Code was enacted in 1983 to protect abused wives. It makes it criminal for a husband and his relatives to […]
Notes on International Child Abduction and Kyrgyzstan (Kyrgyz Republic)
Blog Kyrgyzstan does not comply with international norms concerning the return of internationally abducted children. The primary method of obtaining the return of an internationally-abducted child is by means of an application under the Hague Abduction Convention. It is the public policy of the United States that all countries should adhere to the Hague Convention […]
Supreme Court of Japan and the Hague Abduction Convention
Blog The recent decision of the Supreme Court of Japan, in the Hague Abduction Convention case between James Cook and Hitomi Arimitsu – which upheld the Osaka High Court’s revocation of its prior order that four children wrongfully retained in Japan should be returned to their habitual residence in the United States – vividly highlights […]
International Child Relocation
Blog International child relocation applications are governed by the same legal principles that apply in domestic relocation applications. However, while international applications cover the same ground as applications to move with a child to another location in the same state or to another U.S. state, they also typically raise significant additional issues that are not […]
Unconscionability and Prenuptial Agreements in New York
Blog In New York there is a strong public policy favoring individuals ordering and deciding their own interests through contractual arrangements, including by prenuptial agreements. Accordingly, duly executed prenuptial agreements are accorded the same presumption of legality as any other contract. Thus, under New York law, a prenuptial agreement is presumed to be valid unless the party challenging the agreement meets […]
Lebanon: A Safe Haven for International Child Abduction
Blog It is generally impossible to secure the return of internationally abducted children from Lebanon through normal means, particularly when retained by a Lebanese parent. Lebanon is not a party to the Hague Abduction Convention. There are no bilateral treaties with Lebanon on international child abduction. There is no extradition treaty between Lebanon and the […]
Important Case on UCCJEA Enforcement of Foreign Custody Orders
Blog The Indiana Court of Appeals has rendered a detailed analysis of the “escape clause” in the UCCJEA concerning the enforceability of foreign countries’ custody orders.Coulibaly v. Stevance, 85 N.E. 3d 911 (Ind. Ct. App. 2017). After a hearing, a court in Mali, West Africa, had awarded custody of the parties’ children to the father. Prior […]
Poland’s Further Violation of Obligation to Return Abducted Child
Blog In the case of Oller Kamińska v. Poland, determined on January 18, 2018, [2018] ECHR 70, the European Court of Human Rights (First Section), sitting as a Chamber, has ruled that the Polish authorities violated their obligations to return an abducted child under the Hague Convention and the Brussels II bis Regulation. The Court held that the Polish authorities had failed […]
China: International Child Custody Disputes
Blog This 2016 article, based in part on my input, remains fully applicable today. I consult on such matters with clients around the world, always working with local counsel as appropriate. Jeremy Morley, www.international-divorce.com The Terrifying Reality of International Custody Disputes By Chen Ximeng 3/27/16 It’s been 15 years, but Susan Blumberg-Kason still remembers vividly […]
International Prenuptial Agreements for “Mail Order Brides”
Blog International prenuptial agreements – meaning prenuptial agreements between people who are from different countries or who might relocate to another country – are always tricky because they raise issues about two or more different legal systems and two or more different cultures. They generally require expert input from lawyers with substantial experience in international matters, […]