The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers - 4th Edition - Jeremy D Morley

The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers 4th Edition Jeremy D Morley ISBN 9781639056279

Every family lawyer needs a thorough understanding of the Hague Convention on the Civil Aspects of International Child Abduction. The fully updated Fourth Edition of The Hague Abduction Convention provides U.S. practitioners with clear, practical guidance on how this critical treaty operates in the United States—both in theory and in practice. Renowned author Jeremy D. Morley draws on extensive experience counseling clients and attorneys on international family law issues worldwide, as well as lecturing on international child custody law to global audiences.

With globalization, international family relationships and cross-border travel are increasingly common. Many family lawyers and judges, however, may not be fully aware of the law and the extensive case law surrounding the Hague Convention. Its application in the U.S. differs significantly from other Hague countries due to federal implementing legislation, overlapping federal and state jurisdiction, uniform state laws on child custody jurisdiction, and other factors.

This practical resource unpacks the treaty’s operation in American courts—both federal and state—and clarifies how the Hague Convention interacts with the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA) and foreign child custody laws. While focusing primarily on “incoming” abductions (from other countries into the U.S.), the book addresses the issues most relevant to practitioners, including:

• Procedural and practical considerations

• Determining the child’s “habitual residence”

• Custodial rights and related disputes

• Consent and acquiescence in a child’s removal

• The “one-year-and-settled” exception

• Objections by the child to return

• The “grave risk of harm” exception

• Human rights exceptions

• Rights of access

• International relocation and travel

The Hague Abduction Convention: Practical Issues and Procedures for Family Lawyers 4th Edition Jeremy D Morley ISBN 9781639056279, 978-1639056279 & 9781639056286

Author
Jeremy D. Morley