In British Columbia, Canada, unmarried partners may be deemed to be in a “spousal relationship” that entitles them to be treated as spouses for the purpose of securing financial remedies upon the termination of the relationship as if they were actually married. Section 3 of the Family Law Act of ...
If a parent wants to take a child who is living in the United States to live in another country, is it necessary for the parent to apply to court for permission to relocate? A. Consent If the relocating parent has received the other parent's consent to relocate, then there will generally be no ...
My expert evidence on the international family law aspects of the laws and procedures of Algeria has resulted in a highly favorable settlement for a parent who feared that the parties' children might be taken out of the United States to Algeria. I explained that. in my opinion. if the other paren...
The National Targeting Center in the U.S. Customs and Border Protection Agency provides invaluable assistance in identifying parents and children about to leave the country in violation of U.S. court orders, provided the process is properly initiated. Any parent who has obtained a valid and enfo...
The rule that a foreign country divorce decree will not be recognized unless at least one spouse was domiciled (or possibly resident) in the foreign country applies in most states even if the parties both appeared in the foreign proceeding. See Jeremy D. Morley, International Family Law Practice,...
A Colorado appeal court has remanded a case in which a trial court imposed measures intended to deter possible international child abduction to the U.A.E. because the lower court ruling was almost exclusively based on the mere fact that the U.A.E. has not adopted the Hague Convention on the Civil...
by Jeremy D. Morley[1] A Connecticut court has refused to enforce a custody order of the United Arab Emirates on the ground that the order is repugnant to Connecticut public policy. The UAE court awarded custody of two children to their father because they and the father are Muslim while the mot...
Korea has been cited by the U.S. State Department as “noncompliant” with its obligations under the Hague Abduction Convention, and the U.S. Special Advisor for Children's Issues in the State Department's Bureau of Consular Affairs met with Korea's Ministry of Justice today, December 7, 2022, to a...
China is a safe haven for international child abduction. I submitted a very detailed expert report to that effect and then testified remotely as an expert witness in a court in the U.S. today. The other side conceded this essential fact.
Jeremy D. Morley Children who are either citizens or legal residents of the Dominican Republic cannot be taken outside the Dominican Republic without full compliance with the Dominican Migration Department rules. This applies even for dual citizen children. Those requirements are as follows: ...
We receive numerous testimonials from many of grateful clients. This one touched Jeremy especially: "I wanted to let you know that my son was returned to New York yesterday and he's already running in the playground. I wanted to express my gratitude to you as I wouldn't have had this won...
By MATTHEW M. BURKE AND KEISHI KOJA STARS AND STRIPES • October 19, 2022 https://www.stripes.com/theaters/asia_pacific/2022-10-19/japan-parental-child-abduction-hague-7740130.html In the 10 years since Donny Conway's daughters Christina and Chihiro were taken by their Japanese mother to her...
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 ...
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