The 2015 edition of my treatise entitled International Family Law Practice has now been published.
From Chapter One:
This book is designed to fill a void that the author discovered when he was embroiled in his own international divorce case a couple of dozen years ago. Seeking counsel on two continents as to divorce and child custody matters that crossed international boundaries, he discovered that family lawyers were generally unable or unwilling to provide “big picture” advice as to whether an action for divorce and custody could or should be brought in one jurisdiction or in another and as to the pros and cons of the various possibilities. Nor were such matters discussed in any practical sense in the legal literature, whether in textbooks or legal periodicals.
Once the author had solved his personal dilemma by undertaking his own voluminous research and by trial and error, he realized that he had stumbled across a niche area of law that was crying out for attention. What made the discovery especially attractive were the facts that international clients, as well as their local counsel, were hungry for informed, reliable, and practical advice concerning these issues; that the volume of international family law cases was obviously set for major growth as international relationships proliferated in a shrinking world; and that the issues raised by such cases were complex, puzzling, and fabulously intriguing. All in all, it proved to be a perfect way to “make lemonade from lemons.”
The purpose of this book is to share with fellow lawyers in the United States the knowledge that the author has gained by working exclusively in international family law for many years. The intention is to provide an extremely practical approach to handling international family law matters in collaboration with family lawyers in local and distant jurisdictions.
The book focuses on two main areas. The first is international marriage and divorce. Chapter 2 deals with the validity issues in the United States of foreign marriages. Chapter 3 deals with foreign prenuptial and postnuptial agreements and with the issue of how to draft prenuptial agreements when there is a foreign element or the prospect of future international relocation. Chapter 4 covers the issue of international divorce planning while Chapter 5 covers the issue of the recognition of foreign country divorces.
The second area of focus is that of children. Chapter 6 covers international child support issues. Chapter 7 deals with international child custody, while Chapter 8 covers international relocation with children. The final three chapters deal with international child abduction, with Chapter 9 covering the Hague Abduction Convention, Chapter 10 dealing with non-Hague cases and Chapter 11 dealing with the prevention of international child abduction.