UK Ruling: Inchoate Right of Custody under Hague Abduction Convention
Blog The U.K. Supreme Court has just issued a significant decision on the definition of the all-important term “right of custody” as used in the Hague Abduction Convention. In the Matter of K (A Child) (Northern Ireland) [2014] UKSC 29. The Court has now ruled that that term may include certain informal rights (termed “inchoate rights”), but […]
Sweden Global Child Custody Manual
Blog We handle very many U.S. – Swedish international child custody and international child abduction cases, working with Swedish counsel and Swedish consular officers. Sweden publishes global custody battle manual Published: 09 May 2014 The Swedish government has published a manual for parents who fear their child will be taken abroad against their will – […]
Latest U.S. Hague Abduction Convention Compliance Report
Blog The U.S. Department of State Office of Children’s Issues has issued its 2014 annual report on compliance with the Hague Convention on the Civil Aspects of International Child Abduction, covering the period from January 1, 2013 through December 31, 2013. Some notable points are as follows: -Costa Rica, Guatemala, and Honduras were determined to […]
Japan’s Child Abduction Laws in Limbo
Blog May 6, 2014 – 9:51am | By Yaffa Fredrick There are some lists on which you’d rather not appear. The top ten countries with highest incidence of reported child abductions is one of them. Until this year, Japan featured prominently on this U.S. State Department List. In response to growing political pressure from the West, […]
UK: Couples should be able to divorce without going to court, says top judge
Blog Senior family judge also urges ministers to give unmarried couples living together the same rights as married couples By Owen Bowcott, legal affairs correspondent The Guardian, Tuesday 29 April 2014 12.43 EDT Couples agreeing to divorce by consent should be able to arrange their own separations with a trip to the registrar rather than having […]
Do We Have Enough Sensible Malays? Zaid Says Unable To Answer A Definite ‘Yes’
Blog KUALA LUMPUR: Datuk Zaid Ibrahim lamented today the lack of empathy among fellow Malay-Muslims towards non-Muslims caught in inter-religious child custody tussles. The former de facto law minister pleaded with the Malay-Muslim majority to put themselves in a non-Muslim’s shoes and to imagine if hypothetically, the law allowed a non-Muslim parent to convert a Muslim […]
Court hands win, loss to Hackensack law firm, Hasbrouck Height’s dad seeking girl’s return from Spain
Blog By PETER J. SAMPSON An appeals court has reversed a $424,000 award to the daughter of a Hasbrouck Heights man who sued a Hackensack law firm, claiming its release of her passport allowed the girl to be kidnapped to Spain by her mother in a bitter matrimonial split. At the same time, the state […]
Important Indian Ruling on India’s Notorious Section 498A Law
Blog In an important ruling on India’s notorious “Section 498A law” (see www.international-divorce.com/Indias-Notorious-Section-498A.htm), the Bombay High Court has ruled that a wife who made unsubstantiated allegations in a criminal case that she initiated against her husband and family under Section 498A of India’s Penal Law has thereby committed acts of cruelty sufficient to provide a ground […]
Morley’s Expert Opinions as to India’s Child Custody Laws and Sec. 498A of India’s Penal Code Upheld in California
Blog A California court has upheld my expert evidence on the child custody laws of India to the effect that if a child is taken to and wrongfully retained in India it will generally not be possible to secure the child’s prompt return from India. The Court also found that any effort to seek the […]
Japan: Lawmakers launch group to ensure visitations after divorce
Blog Kyodo News International March 18, 2014 More than 40 Japanese lawmakers set up a group Tuesday with an aim to enact legislation to ensure visitations between children and their parents separated due to divorce or marital disputes in Japan. The lawmakers from both ruling and opposition parties will strive to prevent severance of the […]