The Law Office of Jeremy D. Morley handles international family law cases that concern Colombia.
The firm always acts with local counsel as appropriate.
Jeremy D. Morley has acted as an expert witness concerning international child abduction to Colombia
COLOMBIA AND CHILD ABDUCTION: US Department of State 2005 Report on Compliance with the Hague
As in last year’s report, the United States continues to view Colombia as noncompliant in its implementation of the Hague Convention. Previously mentioned systemic problems, particularly with respect to judicial processing, have persisted. Court jurisdiction over Hague cases remains unclear in practice, despite a Constitutional Court ruling in 2002 that addressed jurisdiction. This lack of clarity creates lengthy delays in case processing; in some instances, cases have remained pending for years. A key component in the effective application of the Convention is courts’ willingness and ability to hear and issue a decision on Convention applications expeditiously. Delays are also caused when judges routinely order home studies or psychological evaluations. These inquiries, unless part of a carefully circumscribed inquiry in response to a taking parent’s assertion of an exception to return under the Convention’s Article 13(b), are inappropriate in the context of a Hague proceeding since they tend to go to the merits of custody, and are properly left to the courts of the country of habitual residence. It does not appear that Colombian judges are receiving specialized training in the Hague Convention. A review of the Office of Children’s Issues’ records shows that very few abducted children return to the United States from Colombia despite the considerable volume of cases. Colombian officials have begun to demonstrate a greater openness to discussing outstanding Hague-related problems with the Department of State, Office of Children’s Issues and with U.S. Embassy officials. In March 2004, U.S. Ambassador Wood discussed abduction issues with Colombia’s President Uribe. U.S. Embassy officials were actively involved in assisting Central Authority officials and legislators during the drafting of implementing legislation, which would clarify jurisdictional problems by directing Hague cases to the Family Court. The legislation was passed by the Colombian House of Representatives on December 14, 2004, and must now be passed by the Senate. U.S. Embassy officers have encouraged the Ministry of Foreign Affairs to take a more active role in managing interagency procedures in order to facilitate Hague case processing. Assistant Secretary Harty has twice during the past year relayed our concerns to the Colombian Ambassador here in Washington. The Colombian Central Authority has become more responsive over the past year to requests for information and in providing assistance in welfare visits, and case processing is becoming more efficient. However, the procedural issues within the court system discussed above continue to seriously impede case resolution. We hope that engagement and dialogue between the United States and Colombia continues.
