“Rights of Custody” under the Hague Convention
Blog In Bader v. Kramer, decided on April 17, 2006, the Fourth Circuit reviewed the meaning of the term “rights of custody,” which is one of the fundamental elements of any application under the Hague Convention on the Civil Aspects of International Child Abduction. The parties were married, lived in Germany, had a daughter in 1999 […]
Rabbinic Courts in Israel
Blog Israel’s High Court of Justice has ruled that Israel’s rabbinic courts may not resolve divorced couples’ property and financial disputes unless they have explicit legal approval to do so. The Court rejected the rabbinic courts’ authority to serve as arbitrators in financial disputes, even though both parties had agreed to the proceeding. The Court […]
Islamic divorce vs. U.S divorce
Blog Islamic men who are foreign nationals but American residents often seek to divorce their spouses under the Sharia law prevailing in their country of origin rather than the secular law prevailing in the state of their marital domicile. Their intent is (a) to obtain an instant divorce by merely speaking certain words, (b) to […]
English divorce law: Divorced from reality
Blog Today’s (London) Times contains an opinion article from the paper’s former editor, William Rees-Mogg, attacking the English divorce system. The article, entitled “Divorced from the realities,” reflects a rising tide of anger in England that the English divorce laws, as they have been changed drastically but badly by the English judiciary in the past […]
Hague Convention: Consent & Acquiescence
Blog The High Court in England seems to have made it far easier for a child-abducting parent to prove the defenses of consent and acquiescence in a Hague Convention child abduction case than has previously been the case. In CJ v KJ [2005] EWHC 2998 (Fam), Mr. Justice Sumner accepted the evidence of the mother, who had […]
Hague Convention – Burden of Proof Case
Blog The U.S. Court of Appeals for the Fourth Circuit has ruled – in Humphrey v. Humphrey, a Hague Convention child abduction case concerning the removal of children from England to Virginia – that a federal district court in Virginia committed a fundamental error when it held that the left-behind father must establish the children’s habitual […]
English Divorce Law in Turmoil
Blog England is a forum of choice for spouses with less assets to sue their internationally-connected wealthier spouses for divorce. Until 2000 the English courts divided a married couple’s assets in a way that would ensure that the “reasonable needs” of the financially weaker party — usually the wife — were met. It meant that […]
Malaysia: Fierce Debate about Polygamy & Divorce
Blog There is quite a furious debate under way in Malaysia over new family legislation on polygamy and divorce. Women’s groups are claiming that the new law will make it easier for men to take multiple wives and to claim property after divorce. The new law will apparently allow a husband to obtain an injunction […]
New York — Divorce and Tort Cases Between Spouses
Blog A New York court has held that a husband and wife are free to sue each for personal injuries for tort in a separate action than an action for divorce. Chen v. Fischer — N.Y.3d. —, — N.Y.S.2d — (2005 WL 3452221) (2005 N.Y. Slip Op. 09572)(Dec 15, 2005). The New York Court of […]
Scotland: Family law changes approved
Blog The Scottish Parliament has passed the most liberal divorce laws in the United Kingdom. Sweeping reforms to family law in Scotland have been approved. The new law reduces the time periods for a divorce. Until now, couples seeking to end their marriage where there are no fault grounds – such as adultery or desertion […]