Posted by Jeremy Morley | Mar 07, 2022 |
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...
Posted by Jeremy Morley | Feb 23, 2022 |
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...
Posted by Jeremy Morley | Feb 14, 2022 |
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 ...
Posted by Jeremy Morley | Feb 11, 2022 |
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...
Posted by Jeremy Morley | Jan 13, 2022 |
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...
Posted by Jeremy Morley | Nov 23, 2021 |
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.
Posted by Jeremy Morley | Oct 28, 2021 |
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...
Posted by Jeremy Morley | Oct 25, 2021 |
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...
Posted by Jeremy Morley | Oct 25, 2021 |
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...
Posted by Jeremy Morley | Oct 25, 2021 |
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...
Posted by Jeremy Morley | Oct 25, 2021 |
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...
Posted by Jeremy Morley | Sep 30, 2021 |
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. ...
Posted by Jeremy Morley | Sep 22, 2021 |
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...
Posted by Jeremy Morley | Sep 02, 2021 |
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...
Posted by Jeremy Morley | Aug 25, 2021 |
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...
Posted by Jeremy Morley | Aug 17, 2021 |
by Jeremy D Morley
Japanese law requires that married couples share the same surname, which can be that of either the husband or the wife. There appears to be no country other than Japan that requires married couples to adopt the same surname. The Supreme Court of Japan recently ruled that this ...
Posted by Jeremy Morley | Jul 14, 2021 |
Jeremy Morley
I was accepted yesterday by both sides in a case in North Carolina as an expert in international child custody law and international child abduction law, and the laws and procedures of the same, and as these matters apply to Iran.
I have previously provided expert evidence as t...
Posted by Jeremy Morley | Jul 12, 2021 |
The Family Court of Western Australia appointed Jeremy D Morley as a single expert to report on the law and legal process by which the Malaysian courts make arrangements following the breakdown of a marriage with respect to the custody and guardianship of children, financial support and mainten...
Posted by Jeremy Morley | Jun 28, 2021 |
In a Hague Abduction Convention case in the United States District Court in Savannah, Georgia, the Court relied on the opinions that I expressed in the 2020 edition of my treatise on International Family Law Practice that (a) international travel authorizations should normally be afforded only li...
Posted by Jeremy Morley | May 31, 2021 |
In a practice that increasingly involves cross-border issues, a growing number of clients fear their children may be abducted, are concerned about overseas travel, or are considering international marriage or divorce. Written to help family lawyers best represent clients and their children, this ...
Posted by Jeremy Morley | May 26, 2021 |
by Jeremy D Morley
An amendment to Japan's Civil Procedure Law enters into force on June 1, 2021, intended to promote enforcement of Japanese civil custody orders. Although the new law may be helpful it will provide no benefit to non-custodial parents seeking to enforce their visitation rights....
Posted by Jeremy Morley | May 23, 2021 |
by Jeremy D. Morley
Difficult issues arise under the Uniform Child Custody Jurisdiction and Enforcement Act when children are taken overseas for visits and do not return. A recent New York case illustrates some of the issues.
In Kassim v. Al-Maliki, 2021 WL 1774145 (NY App. Div. 2d. Dept. M...
Posted by Jeremy Morley | May 18, 2021 |
The U.S. State Department has recently released their annual report on International Child Abduction. The Department of State leads the U.S. government's efforts to prevent and resolve international parental child abductions, as part of the Department's mission to advance the interests and safety.
Posted by Jeremy Morley | Apr 06, 2021 |
Grounds For Divorce in Korea
A divorce may be obtained in Korea based on the mutual consent of the spouses. Art. 834, Korean Civil Act. Both spouses need to agree and appear in court in Korea.
Alternatively, the grounds for a judicial divorce in Korea (Art. 840) are:
An unchaste act (adulter...
Posted by Jeremy Morley | Mar 29, 2021 |
The mere fact that a foreign child custody order is homologized in Brazil does not guarantee that the order will remain in effect and unchanged over time.
Brazilian courts will have jurisdiction to hear an application to modify any such order once the child has relocated to and is resident in Br...