We are pleased to
advise that, after a Family Court in California reviewed my lengthy and
apparently persuasive expert report on the abduction risks of allowing a
child’s visit to Mexico, and upon the Court then ruling that it would admit my
expert testimony, the other parent’s application for an order to compel such a
visit was thereupon withdrawn in Court yesterday.
Jeremy D. Morley concentrates on International Family Law. The firm works with clients around the world from its New York office, with a global network of local counsel. Mr Morley is the author of "International Family Law Practice", the leading treatise on international family law in the U.S., and "The Hague Abduction Convention", published by the American Bar Association. He is a Fellow of the International Academy of Family Lawyers and a former law professor.
Thursday, December 15, 2016
Wednesday, December 14, 2016
St. Kitts & Nevis Divorce Jurisdiction
Pursuant to Section 3 of
the Divorce Act 2005 of St. Kitts and Nevis, “The Court may hear and determine
any Divorce proceedings if either spouse has been ordinarily resident in Saint
Christopher and Nevis; for at least one year immediately preceding the
commencement of the Divorce proceedings.”
The phrase “ordinary
resident” has been interpreted by the High Court of the Eastern Caribbean
Supreme Court in accordance with the
definition in Halsbury’s Laws of England as meaning, “residence adopted
voluntarily and for a settled purpose as part of the regular order of life for the
time being as opposed to such resident as is casual temporary or unusual.” Saxena v. Saxena, 2015.
The courts have the power to stay a divorce case
on the grounds of forum non conveniens but
only if the applicant adduces evidence that establishes that another available
forum is clearly or distinctly available, is more appropriate, and is the forum “with
which the action has the most real and substantial connection.” Saxena v. Saxena, 2015.