Posted by Jeremy Morley | Aug 09, 2023 |
Chinese Divorce Law: A Major Development
by Jeremy D. Morley
https://www.international-divorce.com/notes-on-laws-and-practices-of-china-3
In China, marital property is theoretically required to be divided equally between the spouses upon a divorce. But without an enforceable obligation to make...
Posted by Jeremy Morley | Aug 07, 2023 |
Posted by Jeremy Morley | Jun 21, 2023 |
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
Posted by Jeremy Morley | Jun 07, 2023 |
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...
Posted by Jeremy Morley | May 08, 2023 |
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...
Posted by Jeremy Morley | May 05, 2023 |
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...
Posted by Jeremy Morley | May 02, 2023 |
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 ...
Posted by Jeremy Morley | Apr 12, 2023 |
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 ...
Posted by Jeremy Morley | Mar 17, 2023 |
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...
Posted by Jeremy Morley | Mar 13, 2023 |
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...
Posted by Jeremy Morley | Feb 13, 2023 |
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,...
Posted by Jeremy Morley | Feb 10, 2023 |
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...
Posted by Jeremy Morley | Dec 12, 2022 |
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...
Posted by Jeremy Morley | Dec 07, 2022 |
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...
Posted by Jeremy Morley | Nov 18, 2022 |
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.
Posted by Jeremy Morley | Nov 17, 2022 |
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:
...
Posted by Stutee Nag | Nov 15, 2022 |
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...
Posted by Jeremy Morley | Oct 19, 2022 |
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...
Posted by Stutee Nag | Sep 12, 2022 |
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...
Posted by Jeremy Morley | Aug 31, 2022 |
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...
Posted by Jeremy Morley | Jul 18, 2022 |
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...
Posted by Jeremy Morley | Jul 15, 2022 |
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...
Posted by Jeremy Morley | Jul 14, 2022 |
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...
Posted by Jeremy Morley | Jul 12, 2022 |
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...
Posted by Jeremy Morley | Jul 11, 2022 |
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...