Child Custody Jurisdiction in Canada
Blog Jurisdiction to handle child custody matters, which are referred to in some Canadian provinces (British Columbia and Alberta) as “parenting” or “parentage” matters or as guardianship matters (e.g. Saskatchewan), rests in part on the Canadian federal law and in part on provincial law. A. Canadian Federal Law. The Divorce Act of Canada regulates the initiation […]
International Child Abduction to India – One Case among Many
Blog I have repeatedly opined, and I have frequently testified, that India is a safe haven for international child abduction. India has elected not to sign the Hague Abduction Convention and Indian courts generally do not enforce foreign custody orders. In one extremely exceptional case, Arathi Bandi vs Bandi Jagadrakshaka Rao, (Sup. Ct. of India, 2013), the Supreme […]
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Blog Our Testimonials Page grows and grows, please see our Testimonials page at our full site here: Recomendations Contact us for sensible strategic advice on complex international family law issues. “The first step is the most important step” in many international cases.
International Divorce and Child Custody Issues Relating to Thailand
Blog Family relationships between expats or people of different nationalities or domiciles in Thailand may create special issues that often require an analysis of the “big picture” by an international family lawyer. All too often clients and even their local lawyers do not understand or focus on the specific benefits or dangers that may arise […]
International Prenuptial Agreements:Necessary But Dangerous
Blog Lawyers representing international clients who plan to marry and who want the protection of a prenuptial agreement should always consider the international ramifications of any proposed agreement. While conventional domestic prenuptial agreements raise grave malpractice concerns for family lawyers, the concerns become a hazardous minefield when the issues are multi-jurisdictional. In many ways the […]
French Marriage Contract Unenforceable in England
Blog A newly-reported ruling of the English High Court on prenuptial agreements demonstrates (a) the sharp division between the law in France concerning marriage contracts and the law in England; (b) the need to appropriately forum shop when strategizing a potential divorce; and (c) the continuing strong paternalism of the English judiciary in family law […]
Japan and the Hague Abduction Convention: An Update
Blog A few cases have been initiated in Japan under the Hague Abduction Convention. Unfortunately decisions in Hague cases in Japan are not being officially reported, are private and are not accessible. There have been newspapers reports about two cases of voluntary returns from Japan — one to Germany and one to Canada — and […]
How to Prevent International Child Visitation
Blog How can one parent stop the other parent from taking a child to visit a dangerous country? How can a parent make sure that a child will be returned if the other parent takes the child to visit his or her native country? Many international parents are becoming increasingly concerned about the answers to […]
Will the Supreme Court Resolve the Meaning of Habitual Residence?
Blog Tom Wolfrum and I have petitioned the U.S. Supreme Court in the 9th Circuit case of Murphy v. Sloan for a writ of certiorari on the issue of the interpretation of habitual residence in a Hague Abduction Convention case. The petition may be accessed through Westlaw at 2014 WL 6737443. The essence of our petition […]
Hungary and the Hague Abduction Convention
Blog I reported in 2011 that “Having worked on international child custody matters concerning Hungary for several years, and having consulted with Hungarian counsel on such issues, it is unfortunately clear that Hungary does not comply with its obligation under the Hague Abduction Convention to promptly return children who are wrongfully taken to Hungary or […]