Our client: International custody case child returns to Sweden
Blog In this March, 2013, photo provided by Stacey Warren, the Des Moines attorney representing Magnus Anderung, is Magnus Anderung with his daughter. The 3-year-old girl that was the center of an international custody dispute between her divorced father living in Sweden and her mother, Raina Anderung, who brought her to Iowa, is boarding a […]
Hong Kong Strengthening Commitment to Hague Abduction Convention
Blog Hong Kong appears to be strengthening its commitment to the Hague Abduction Convention process. The focus on tougher exit controls to discourage international child abduction stands in sharp contrast to the U.S. “open borders / no exit controls” policy that greatly hinders U.S. efforts to deter international child abduction. See the following announcement (July […]
Japan’s Hague Abduction Convention “Guidelines”
Blog If the article below is accurate one may ask why Japan is even bothering to pretend to comply with the Hague Abduction Convention. The article states that if a Japanese court orders that an abducted child should be returned to the country of the child’s habitual residence the child will nonetheless not be removed from […]
India’s 498a Law – The Abuse Continues
Blog In a landmark decision in 2010, Preeti Gupta v. State of Jharkhand, the Supreme Court of India lambasted the prevalent abuse of the infamous Section 498a of the Indian Penal Code law demanded that the legislature should change the law and directed that a copy of its decision be sent to the Law Commission of Indian […]
Successes in Hague Habitual Residence Cases
Blog Yesterday’s decision by the Second Circuit Court of Appeals in Guzzo v. Cristofanocogently restated the rules concerning the definition of the term “habitual residence” in the Hague Abduction Convention. My client, Ms. Cristofano, had entered into a “bi-continental marriage” with Mr. Guzzo. Both are lawyers; he in Italy and she in New York. Their child […]
Status of Korea’s Accession to the Hague Abduction Convention
Blog As has been recently reported by the U.S. State Department: The Republic of Korea is one of only a handful of East Asian countries that has acceded to the Hague Abduction Convention. The Republic of Korea acceded to the Convention in December 2012, and the Convention went into force for the Republic of Korea […]
Argentina Not Compliant with Hague Abduction Convention
Blog Argentina has been declared “Not Compliant” with the Hague Abduction Convention in the U.S. State Department’s latest annual report on compliance with the Convention. In the previous year it was merely listed as a country having “enforcement concerns.” Indeed the State Department reports that, it “is not aware of any successfully enforced order for […]
Compensation for International Child Abduction Victims
Blog Our client, Moses Garcia, eventually succeeded in securing the return of his daughter to Wisconsin from Japan. He did so despite the rulings of Japanese courts that they would not implement the custody orders of the Wisconsin courts, where the child was living prior to her abduction. The child’s belated return, four years after […]
British Columbia Law Changes: Marriage-Like Relationships & “Family Property”
Blog Effective March 18, 2003, there has been a major change in the marriage laws of British Columbia, Canada. The new Family Law Act is now in full force and effect. It replaces the Family Relations Act. Couples of the same or opposite gender who are in a “marriage-like” relationship for more than two years […]
Japan’s Potential Ratification of the Hague Convention: An Update
Blog Japan has not yet ratified the Hague Abduction Convention. The Japanese Cabinet has today reportedly approved the ratification but the necessary legislation has not yet been passed by the Japanese Diet (Parliament). The issue of Japan’s joining the Hague Convention is still controversial in Japan. Many members of the Diet are flatly opposed to the […]