From Chapter One:
This book is designed to fill a void that
the author discovered when he was embroiled in his own international divorce
case a couple of dozen years ago. Seeking counsel on two continents as to
divorce and child custody matters that crossed international boundaries, he
discovered that family lawyers were generally unable or unwilling to provide “
big picture ” advice as to whether an
action for divorce and custody could or should be brought in one jurisdiction
or in another and as to the pros and cons of the various possibilities. Nor
were such matters discussed in any practical sense in the legal literature,
whether in textbooks or legal periodicals.
Once the author had solved his
personal dilemma by undertaking his own voluminous research and by trial and
error, he realized that he had stumbled across a niche area of law that was
crying out for attention. What made the discovery especially attractive were
the facts that international clients, as well as their local counsel, were
hungry for informed, reliable, and practical advice concerning these issues;
that the volume of international family law cases was obviously set for major
growth as international relationships proliferated in a shrinking world; and
that the issues raised by such cases were complex, puzzling, and fabulously
intriguing. All in all, it proved to be a perfect way to “m ake lemonade from lemons.”
The purpose of this book is to
share with fellow lawyers in the United States the knowledge that the author
has gained by working exclusively in international family law for many years.
The intention is to provide an extremely practical approach to handling
international family law matters in collaboration with family lawyers in local
and distant jurisdictions.
The book focuses on two main
areas. The first is international marriage and divorce. Chapter 2 deals with
the validity issues in the United States of foreign marriages. Chapter 3 deals
with foreign prenuptial and postnuptial agreements and with the issue of how to
draft prenuptial agreements when there is a foreign element or the prospect of
future international relocation. Chapter 4 covers the issue of international
divorce planning while Chapter 5 covers the issue of the recognition of foreign
country divorces.
The second area of focus is
that of children. Chapter 6 covers international child support issues. Chapter
7 deals with international child custody, while Chapter 8 covers international
relocation with children. The final three chapters deal with international
child abduction, with Chapter 9 covering the Hague Abduction Convention,
Chapter 10 dealing with non-Hague cases and Chapter 11 dealing with the
prevention of international child abduction.
To purchase: