Posted by Jeremy Morley | Mar 06, 2025 |
by Jeremy D. Morley
A court in England has refused to order the summary return to China of a child abducted from that country because of expert evidence concerning the laws and procedures of China in cross-border child custody cases. E v O [2025] EWHC 500 (Fam).
The married parties, a Chines...
Posted by Jeremy Morley | Feb 20, 2025 |
The Hague Abduction Convention normally applies only if the Convention is in force between the country of the child's habitual residence and the country in which the child is currently located.
However, the Dutch Implementation Act, pursuant to which the Hague Abduction Convention was brought ...
Posted by Jeremy Morley | Feb 19, 2025 |
Prenuptial agreements, known as "binding financial agreements," first became enforceable in Australia in 2000 with the enactment of the Family Law Amendment Act 2000.
Part VIIIA of the Family Law Act sets forth particular provisions concerning the oversight to be given to such agreements by fa...
Posted by Jeremy Morley | Feb 13, 2025 |
by Jeremy D. Morley
An appeal court in Texas has upheld a trial court's refusal to impose measures intended to prevent the abduction of a child to Russia by a Russian parent, even though the United States has refused to accept Russia as a treaty partner under the Hague Convention on the Civil As...
Posted by Jeremy Morley | Feb 12, 2025 |
Under Belgian law, if there is no marriage contract, the spouses are governed by the statutory prenuptial system of separation of assets with a community of acquisitions. In order to deviate from the statutory default regime, the parties must enter into a marriage contract pursuant to which they ...
Posted by Jeremy Morley | Feb 04, 2025 |
by Jeremy D. Morley
We have often reported, and I have often testified, on the substantial impact of court delays in India on cases concerning international child abduction and international child visitation.
Yesterday, the Supreme Court of India demanded that the Chief Justice of the Allahabad...
Posted by Jeremy Morley | Jan 21, 2025 |
by Jeremy D. Morley
Based on my expert testimony concerning the laws and practices of Indian courts in international child custody cases, a court in Minnesota has overturned an order directing that a child living in Minnesota should have visitation with the mother in India. The Minnesota Court ...
Posted by Jeremy Morley | Jan 13, 2025 |
By Jeremy D Morley
Over this past weekend, three children of three of our firm's clients, who were the subject of three separate international child custody cases, were returned home.
In one case, the American child was returned from Asia, primarily because our client followed our strategic adv...
Posted by Jeremy Morley | Nov 25, 2024 |
Jeremy D. Morley
The U.S. Court of Appeals for the Second Circuit has accepted my client's position. In cases where the petitioning parent originally consented to the child's stay outside its habitual residence, wrongful retention occurs on the date that the petitioning parent is informed that t...
Posted by Jeremy Morley | Nov 14, 2024 |
by Jeremy D. Morleyinternational-divorce.willkennedy.family
I argued a case this morning before the U.S. Court of Appeals for the Second Circuit on the issue of determining the correct date of the allegedly wrongful retention of children in a case brought under the Hague Abduction Convention.
The first ...
Posted by Jeremy Morley | Nov 08, 2024 |
international-divorce.willkennedy.family
by Jeremy D. Morley
People with assets and international connections who are contemplating a divorce or separation from a partner, as well as their spouses and partners, should consult experienced international family law counsel for advice on strategic internation...
Posted by Jeremy Morley | Nov 01, 2024 |
international-divorce.willkennedy.familyby Jeremy D. Morley
The Philippines acceded to the Hague Abduction Convention in 2016, but it did not establish procedures to implement the Convention until 2022. In February 2022, the Department of Justice of the Philippines, as the designated Central Authority, pu...
Posted by Jeremy Morley | Oct 01, 2024 |
Jeremy D. Morley
In a Hague Abduction Convention case in the Supreme Court of British Columbia, Canada between two Canadian parents living in Puerto Escondido, Mexico with their young child, arising out of the mother's removal of the child from Mexico to Canada, the mother raised a unique claim....
Posted by Jeremy Morley | Sep 23, 2024 |
by Jeremy D Morley
international-divorce.willkennedy.family
The Attorney General's Office of Brazil has issued a report that recommends that the Brazilian courts should adopt a “broad” interpretation of the Article 13 “grave risk” exception in the Hague Abduction Convention. The Office of the Presidenc...
Posted by Jeremy Morley | Sep 13, 2024 |
Jeremy Morley's comprehensive and indispensable book for U.S. family lawyers, International Family Law Practice, is now published in a new and expanded edition issued in May 2024.
This book provides an excellent and detailed analysis of the key elements of international family law as applied in ...
Posted by Jeremy Morley | Sep 12, 2024 |
by Jeremy D. Morley
international-divorce.willkennedy.family
It is typical that, when a wife and mother abducts a child to India she immediately causes the husband and his immediate family members to be charged with the Indian offense of cruelty to a wife in order to deter and prevent her husband from ...
Posted by Jeremy Morley | Sep 03, 2024 |
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I completely agree with the thoughtful and informative review that Andrew Botros has written about Jeremy Morley's latest edition of International Family Law Practice. I have owned and used the International Family Law Practice books sin...
Posted by Jeremy Morley | Aug 20, 2024 |
Jeremy Morley's comprehensive and indispensable book for U.S. family lawyers, International Family Law Practice, is now published in a new and expanded edition issued in May 2024 and is a must for all family lawyers. It provides a throughout and detailed analysis of international family law as ap...
Posted by Jeremy Morley | Aug 19, 2024 |
This article was first published here.
Like many divorces, Padmashini and Dean Drees' breakup in 2004 was bitter.
There were mutual allegations of abuse, suspicions of infidelity, and a nasty fight over custody of the couple's toddler son, Drew. But when Padmashini Drees traveled with Drew to I...
Posted by Jeremy Morley | Aug 14, 2024 |
Jeremy Morley's comprehensive and indispensable book for U.S. family lawyers, International Family Law Practice, is now published in a new and expanded edition issued in May 2024.
This book provides an excellent and detailed analysis of the key elements of international family law as applied i...
Posted by Jeremy Morley | Jul 08, 2024 |
by Jeremy D. Morley
Bangladesh is a safe haven for international child abduction. It has not adopted the Hague Abduction Convention, nor has it entered into any bilateral arrangements concerning international child abduction. And the wheels of justice turn very slowly there.
It had been hoped...
Posted by Jeremy Morley | Jul 07, 2024 |
by Jeremy D. Morley
international-divorce.willkennedy.family
Professional soccer teams usually win more games when they play at home than when they play away, even though the rules are the same wherever the games are played.
But in the arena of international family law, the place of the divorce case ...
Posted by Jeremy Morley | Jul 05, 2024 |
Jeremy D. Morley
The 11th Circuit has held that, whether a child is “settled” in its new environment within the meaning of Article 12 of the Hague Abduction Convention, should be based on the same totality-of-the-circumstances test that the Supreme Court established in the Monasky case for de...
Posted by Jeremy Morley | Jun 10, 2024 |
by Jeremy D. Morley
My article on Strategic Planning for International Divorces is published in the new issue of the Journal of the American Academy of Matrimonial Lawyers.I explain in the article that lawyers representing clients with significant international connections who are contemplating ...
Posted by Jeremy Morley | Jun 03, 2024 |
I am delighted to announce that the most recent edition of my book, International Family Law Practice (2024), has now been published.
The book provides practical insight and proven strategies for U.S. attorneys dealing with international family law matters. It covers a wide range
of topics, i...