“Abduction of Children to the United States” published in AJ Famille

Blog The below article was recently published in the May 2016 issue of AJ Famille, a monthly publication featuring articles on all aspects of Family Law, with a French focus: The Hague Abduction Convention in the United States Jeremy D. Morley* The Hague Convention on the Civil Aspects of International Child Abduction is a remarkably successful […]

Notes on Colombia and International Child Abduction

Blog Colombia’s courts do not normally recognize U.S. custody orders. The U.S. State Department has declared that, “While Colombian courts can recognize or enforce U.S. custody orders, they generally refuse to do so.  In a Colombian court, Colombian law takes precedence over U.S. law. A Colombian court order granting custody to one parent will prevail […]

Expert Testimony on Risk of Child Abduction to Japan

Blog Another U.S. case was resolved today based on my expert testimony concerning the risk of permitting child visitation to Japan. The Japanese Ministry of Foreign Affairs has released some limited information about the number of applications that it has received under the Hague Abduction Convention and the number of cases in which children have […]

Divorce Law in Korea

Blog Grounds for Divorce in Korea A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Code. Both spouses need to agree and appear in court in Korea. Alternatively, the grounds for a judicial divorce in Korea are:   An unchaste act (adultery);   Malicious desertion; […]

Israel: Child Custody in the Religious Courts

Blog Below are extracts from a lengthy article on legal problems that arise in Israel from divorce in the ultra-orthodox Jewish community. We have represented several clients in similar matters, especially religious American Jewish clients with children in Israel or who have left Israel with their children. (We usually work as lead counsel in collaboration […]

Prenuptial Agreements in India

Blog India has no law on prenuptial or post nuptial agreements. Such agreements are not common in India and are contrary to Indian customs and views about marriage. Nevertheless, the global publicity about celebrity prenuptial agreements is encouraging more affluent people to consider the idea in India. There appears to be no significant case law […]

The Terrifying Reality of International Custody Disputes

Blog By Chen Ximeng 3/27/16It’s been 15 years, but Susan Blumberg-Kason still remembers vividly the sleepless nights after her now-ex-husband, Cai Jun, first threatened to take their infant son Jack back to China. Blumberg-Kason, an American, first met Cai in Hong Kong while both were attending graduate school. After a whirlwind courtship, the two married […]

Malaysia and International Child Abduction

Blog Malaysia is not a party to the Hague Abduction Convention. Malaysia has refused to adopt the treaty, on the ground that it would purportedly contradict Shariah law, since that law bases child custody decisions to a substantial extent on religious, age and gender factors.  Given that the Convention has now been signed by more […]

How to Win a Hague Convention Child Abduction Case

Blog Author of The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers, published by the American Bar Association. Here are some tips for attorneys and clients faced with instituting or defending child abduction proceedings under the Hague Convention on the Civil Aspects of International Child Abduction, whether in the United States or internationally. In […]

Relocation to Japan Denied: Expert Testimony as to Japanese Child Custody

Blog A California court (Superior Court of California, County of San Diego, Case No. DN179669) has applied my expert testimony concerning Japanese child custody law in refusing to order the relocation of a child to Japan. The Court ruled that, although the “Burgess and LaMusga factors” weighed in favor of permitting the relocation, the enforcement issues as to […]