International Child Abduction and Non-Hague Convention Countries
Delighted to have authored the chapter on International Child Abduction and Non-Hague Convention Countries in the Research Handbook on International Child Abduction, edited by Marilyn Freeman and Nicola Taylor.https://lnkd.in/eTvvgYQU
THE HAGUE ABDUCTION CONVENTION OR THE UCCJEA: WHICH SHOULD WE USE?
by Jeremy D. Morley If a child is abducted to the United States from a country that is a party to the Hague Abduction Convention, the left-behind parent usually has a choice of seeking the child's return under the Uniform Child Custody Jurisdiction and Enforcement Act (the “UCCJEA”) or the Conve...
UAE: Abu Dhabi Divorce for Non-Muslims
Abu Dhabi's non-Muslim Personal Status Law (Abu Dhabi Law No 14/2021) allows non-Muslims to obtain a divorce in the Emirate by means of a civil procedure in a new court, the Abu Dhabi Civil Family Court, under a secular law that is separate from that which applies to UAE Muslim families. Abu Dh...
KOREA CHILD ABDUCTION NONCOMPLIANCE
Korea has again been found non-compliant by the United States Department of State as a result of the failure of the Korean authorities to enforce orders to return internationally abducted children. In the 2023 Annual Report on International Child Abduction issued by the US State Department, as...
MARRIAGE-LIKE RELATIONSHIPS IN BRITISH COLUMBIA, CANADA
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 ...
International Child Relocation: When is an Application Required?
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 ...
Algeria and International Child Abduction
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...
Preventing International Child Abduction: The U.S. National Targeting Center
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...
RECOGNITION OF FOREIGN COUNTRY DIVORCE DECREES: AN IMPORTANT NEW CASE
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,...
ABDUCTION PREVENTION MEASURES: FAILURE TO ADOPT HAGUE CONVENTION INSUFFICIENT BASIS TO REQUIRE
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...
CONNECTICUT COURT REFUSES TO ENFORCE UAE CUSTODY ORDER
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...
KOREAN NONCOMPLIANCE WITH HAGUE ABDUCTION CONVENTION
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, INTERNATIONAL CHILD ABDUCTION, AND EXPERT TESTIMONY
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.
DOMINICAN REPUBLIC: EXITING WITH CHILDREN
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: ...
HAGUE CONVENTION RETURN OF ABDUCTED CHILD FROM FRANCE
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...
Japan’s acceptance of child abduction treaty leaves pre-Hague parents in limbo
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...
International Marital Disputes, Section 498A, Right to Travel and the Uncertainty Concerning Anticipatory Bail
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...
Child Custody Jurisdiction in India
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...
Honduras: 2022 State Department's Annual Report on International Child Abduction
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...
Egypt: 2022 State Department's Annual Report on International Child Abduction
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...
Ecuador: 2022 State Department's Annual Report on International Child Abduction
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...
Costa Rica: 2022 State Department's Annual Report on International Child Abduction
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...
Brazil: 2022 State Department's Annual Report on International Child Abduction
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...
Belize: 2022 State Department's Annual Report on International Child Abduction
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...