By Stutee Nag Indian couples who relocate to a foreign country often undergo tremendous pressure due to their highly demanding jobs, immigration-related stress, and the lack of a proper support system in their new country of residence. Unfortunately, for some, their marriage suffers the brunt of...
Jeremy D Morley Jurisdiction in India concerning child custody matters is primarily based on the concept of “ordinary residence.” Section 9 (1) of the Guardian and Wards Act 1890 provides that, “If the application is with respect to the guardianship of the person of the minor, it shall be made t...
Country Summary: The Convention has been in force between the United States and Honduras since 1994. In 2021, Honduras demonstrated a pattern of noncompliance. Specifically, the Honduran Central Authority regularly failed to fulfill its responsibilities pursuant to the Convention. Additionally, H...
Country Summary: Egypt does not adhere to any protocols with respect to international parental child abduction. In 2003, the United States and Egypt signed a Memorandum of Understanding to encourage voluntary resolution of abduction cases and facilitate consular access to abducted children. In 20...
Country Summary: The Convention has been in force between the United States and Ecuador since 1992. In 2021, Ecuador continued to demonstrate a pattern of noncompliance. Specifically, the Ecuadorian authorities persistently failed to take all appropriate measures to locate children in a timely ma...
Country Summary: The Convention has been in force between the United States and Costa Rica since 2008. In 2021, Costa Rica continued to demonstrate a pattern of noncompliance. Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention. As...
Country Summary: The Convention has been in force between the United States and Brazil since 2003. In 2021, Brazil continued to demonstrate a pattern of noncompliance. Specifically, judicial authorities continued to fail to regularly implement and comply with the provisions of the Convention. Add...
Country Summary: The Convention has been in force between the United States and Belize since 1989. In 2021, Belize demonstrated a pattern of noncompliance. Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention. As a result of this, 5...
Country Summary: The Convention has been in force between the United States and Austria since 1988. In 2021, Austria demonstrated a pattern of noncompliance. Specifically, the judicial authorities failed to regularly implement and comply with the provisions of the Convention, and law enforcement ...
Country Summary: The Convention has been in force between the United States and Argentina since 1991. In 2021, Argentina continued to demonstrate a pattern of noncompliance. Specifically, the Argentine judicial authorities failed to regularly implement and comply with the provisions of the Co...
by Jeremy D. Morley Lebanon is, in my opinion, a proven safe haven for international parental child abduction. I testified to this effect last month in great detail in a case in Texas. My credentials include extensive research concerning Lebanese family law, consultations with numerous client...
By Jeremy D. Morley* High-net-worth divorce cases in England can be both unpredictable and extremely expensive, even when the parties have signed a well-drafted, thoroughly reviewed and subsequently modified New York prenuptial agreement containing substantial provisions for the lesser wealthy s...
U.S. law allows a left-behind parent whose child has been abducted to the United States to compel the abducting parent to repay all of the fees and expenses incurred in seeking the child's return. 22 U.S.C. §9007(b)(3). But there is no similar provision that clearly entitles a left-behind parent ...
The Hague Abduction Convention requires each treaty party to establish a Central Authority to provide assistance in both “outgoing” cases in which a child is taken away from a country and “incoming” cases in which a child has been brought into the country. The Convention leaves it up to each coun...
by Jeremy D. Morley Supervised visitation is sometimes the only effective way to prevent international child abduction, especially when a country does not have effective exit controls. For this reason, in a decision dated January 7, 2022, the Superior Court in Ontario, Canada (Pinto J.) has req...
This story shows inherent risks of “self-help” in “re-kidnapping” internationally-abducted children. See my articles on preventing child visits to Lebanon, Jordan, Egypt, other countries if parent anticipates non-return.
by Jeremy D. Morley With effect from March 1, 2021, the Divorce Act of Canada has made significant changes to the Canadian law concerning child relocation, including international relocation. However, while the legislation contains a helpful clarification concerning the applicable burden of proo...
Jeremy D. Morley In June 2021, the Deputy Chief of Mission at U.S. Embassy Brasilia delivered a formal diplomatic protest known as a “demarche” to the Brazilian Ministry of Foreign Affairs, notifying Brazilian officials that the Department again cited Brazil in the 2021 Annual Report on Internat...
Jeremy D. Morley Here are some tips from attorney Jeremy D. Morley -- who has worked on hundreds of Hague cases and is the author of the American Bar Association treatise on The Hague Abduction Convention -- for attorneys and clients faced with instituting or defending child abduction proceedi...
by Jeremy D. Morley The Dowry Prohibition Act of 2018 (the "Act") of Bangladesh prohibits the giving or receiving of a dowry. The primary purpose of the Act is to end the custom whereby the bride's family makes a financial payment to the groom's family upon a marriage. The system is now seen...
by attorney Jeremy D. Morley www.international-divorce.com A terrifically interesting issue is pending before the courts of Bangladesh. My client is a Japanese doctor in Tokyo. Her estranged husband abducted the children from Tokyo to Dhaka, Bangladesh. The Family Court in Tokyo has ordered the...
by Jeremy D. Morley I had the pleasure this week of participating in a panel discussion organized by the Singapore Bar Association with three brilliant international family lawyers, Yap Teong Liang of Singapore, Kiran Dhaliwal of Kuala Lumpur, Malaysia, and Keturah Sageman of Sydney, Australia. ...
by Jeremy D. Morley In any Hague Abduction Convention case, the court must determine the date of the alleged wrongful removal or retention of the child before determining the child's habitual residence. A decision on the applicable date may well resolve the entire case. Yesterday, the Sixth Cir...
Jeremy D. Morley In June 2021, the U.S. Embassy in Buenos Aires delivered a formal diplomatic protest known as a “demarche” to the Argentine Ministry of Foreign Affairs and Worship, notifying Argentine officials that the Department cited Argentina in the 2021 Annual Report on International Child...
Jeremy D. Morley It is gratifying that, in its award of legal fees to my client, whose child was successfully returned from New York to Spain pursuant to the Hague Abduction Convention, the U.S. district court's calculation was based in part on my status as “one of the leading experts” on the Co...
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