Every family lawyer should understand the workings of the Hague Convention on the Civil Aspects of International Child Abduction. This updated third edition of The Hague Abduction Convention explains for family lawyers how this critical treaty works in the United States, both in theory and in practice. The renowned author, Jeremy D. Morley, has enormous experience counseling clients and fellow practitioners as to international family law matters globally, as well as lecturing on international child custody law to audiences around the world.Because family law is becoming increasingly internationalized with globalization, international relationships are common and international travel is growing. Family lawyers and judges may not be fully aware of the law and the voluminous case law that has developed around the Hague Convention. It operates in the United States in ways that are significantly different than in other Hague countries due to federal legislation that implements the treaty, the concurrence of federal and state jurisdiction, the uniform state legislation on child custody jurisdiction and a host of other factors.This practical resource for U.S. practitioners explains the treaty's operation in American courts, both federal and state, and unravels the relationship between the Hague Convention, the Uniform Child Custody Jurisdiction and Enforcement Act, and foreign child custody laws. Focusing mostly on what are sometimes called incoming abductions, or abductions from other countries into the U.S., this book addresses the issues of primary concern for practitioners, including: - Procedural and practical issues- Establishing the child's habitual residence- Rights custody- Provisions regarding consent and acquiescence to the child's removal- One-year-and-settled exception- Child's objection to the return- Grave risk of harm exception- Human rights exception- Rights of access- International relocation and travel, and more.
About the Author
Jeremy D . Morley is a hugely experienced New York "lawyer's lawyer" who focuses on international family law. He assists lawyers and clients throughout the United States and around the world with Hague Convention and other international family law cases. He and his team have prosecuted, defended, and liaised on numerous Hague Convention cases, and Jeremy has counseled, liaised with, advised, and supported lawyers and their clients around the world in many thousands of international family law matters. Jeremy has taught in law schools in the United States, Canada, and England. He regularly lectures on international child abduction and other international family law topics to the judiciary, bar associations, and others. He is a member of the International Academy of Family Lawyers. He co-chaired the International Family Law Section of the New York State Bar Association and the International Family Law Committee of the International Law Section of the American Bar Association. He is also the author of International Family Law Practice, a leading treatise on international family law in the United States that is updated annually. Jeremy is frequently asked to appear as an expert witness on international child abduction prevention and recovery issues, as well as many other matters concerning international child custody and international divorce. He is also a frequent guest on television and radio shows on the topic of international child abduction and international divorce law and has been featured in the print media on numerous occasions. Jeremy maintains a voluminous website on international family law at www.international-divorce.com. He may be reached there.