Foreigner in U.S. on Visitor’s Visa Does Not Fulfill Nevada’s Divorce Residency Requirement
Blog A Canadian wife who had lived in Nevada for 3½ years on a visitor’s visa could not get divorced in Nevada. So held the Nevada Supreme Court (Rozsnyai v. Svacek, 272 Neb. 567 (Nov. 2006)). Nevada law requires that either spouse have at least one year’s genuine residency instate in order for Nevada to have divorce jurisdiction. The Court ruled that where […]
Australia – Child Relocation
Blog Reviewing Australia’s Family Law Amendment (Shared Parental Responsibility) Act 2006 leads to great concern that international (and domestic) relocation cases in Australia might become extremely difficult to win. The Act creates a presumption that it is in a child’s best interests for each parent to have equal shared parental responsibility. It requires the presumption to be applied unless […]
Japan’s International Child Abduction Policy
Blog By Kirsten Brown (AXcess News) Washington – Four fathers quietly filed into a theater to watch “Abduction: The Megumi Yokota Story,” a documentary about North Korea’s kidnapping of Japanese citizens in the 1970s and 1980s. If the names Walter Benda, Patrick Braden, Chris Kenyon and Paul Toland don’t sound Japanese, it’s because they’re not. […]
Mirror International Prenuptial Agreements
Blog We frequently recommend mirror prenuptial agreements for people with international domiciles, citizenship or businesses. Love doesn’t always last but the consequences of failed marriages can endure for a lifetime. The problems can be multiplied when the people and/or the assets are international. In the context of international prenuptial agreements, a mirror agreement is one […]
Hague Convention on the International Recovery of Child Support
Blog Delegates from sixty-eight States and the European Community have finalized the Convention on the International Recovery of Child Support and other Forms of Family Maintenance at the 21st Diplomatic Session of the Hague Conference on Private International Law. Basically, the states that ratify the convention agree to assist citizens from other states who have […]
EU Member States Attack Divorce Conflict of Laws Scheme
Blog 16.11.2006 – 09:30 CET | By Teresa KüchlerEUOBSERVER / BRUSSELS – EU member states are lining up to attack a European Commission proposal to establish common rules for cross-border divorces which could – in an extreme scenario – see Iranian divorce rules applied in European courts in future. The proposal – called Rome III […]
Claim for Concealment of Value of Marital Assets Dismissed in New York
Blog Once a divorce case is settled, parties often experience “buyer’s or seller’s remorse’ but a just-decided New York case shows how tough it is to set aside a divorce settlement — even in an extreme case in which the value of an asset turns out to have been undervalued by many millions of dollars. […]
Habitual residence of a baby in a Hague case
Blog The Seventh Circuit has issued a significant new ruling on habitual residence of babies and young children in Hague international child abduction cases in Kijowska v. Haines, (7th Cir. Sept. 8, 2006).
Interplay of UCCJEA and the Hague Abduction Convention
Blog The Uniform Child Custody Jurisdiction and Enforcement Act and the Hague Convention on the Civil Aspects of International Child Abduction need to be applied consistently with each other — or there can be serious confusion and unfairness. A very recent New York case, Krymko v. Krymko , (App.Div. 2d Dept., 9/19/06), demonstrates the sensible application of […]
Three Sides to Every International Child Abduction Story
Blog The British media have been full of hype about a 12-year old girl who was allegedly abducted from her home in Scotland and taken to Pakistan by her father for what was claimed to be a forced marriage. The case illustrates the way in which public opinion in international child custody cases can easily […]