The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers, Third Edition

(Paperback)

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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 treatys 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

Author Bio

Jeremy D. Morley is a hugely experienced New York lawyers lawyerwho focuses on international family law. He assists lawyers and clientsthroughout the United States and around the world with Hague Conventionand other international family law cases.He and his team have prosecuted, defended, and liaised on numerousHague Convention cases, and Jeremy has counseled, liaised with,advised, and supported lawyers and their clients around the world inmany thousands of international family law matters. Jeremy has taught in law schools in the United States, Canada, andEngland. He regularly lectures on international child abduction and otherinternational 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 YorkState Bar Association and the International Family Law Committee ofthe International Law Section of the American Bar Association. He isalso the author of International Family Law Practice, a leading treatiseon international family law in the United States that is updated annually. Jeremy is frequently asked to appear as an expert witness on internationalchild abduction prevention and recovery issues, as well as manyother matters concerning international child custody and internationaldivorce. He is also a frequent guest on television and radio shows on thetopic of international child abduction and international divorce law andhas been featured in the print media on numerous occasions.Jeremy maintains a voluminous website on international family lawat www.international-divorce.com. He may be reached there.