Letters Blogatory

The Blog of International Judicial Assistance | By Ted Folkman of Folkman LLC

Posts tagged “Hague Abduction Convention

Unfair Criticism of the Day: ABC News on the Hague Child Abduction Convention

Posted on October 26, 2020

The Australian Broadcasting Corporation published a story last week on the Hague Child Abduction Convention. The headline gives a sense of the gist of the story: “Mothers forced to stay in same country as abuser or risk persecution under the Hague Convention.” The Convention, according to one quoted expert, is a “good law gone bad.” What’s the problem? According to the story, Australian immigration law provides that foreign women who marry Australian men and then leave them “may not be entitled to government support in Australia.” So they may want to return to their own countries, where they may be entitled to support; but if they take their children with them, the husband may have the right, under the Convention, to require the mother…

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Case of the Day: Gallegos v. Garcia Soto

Posted on May 6, 2020

Here is a post by first-time guest author and friend of Letters Blogatory Melissa Kucinski. Melissa practices family law at MK Family Law in Washington, and she focuses on cross-border cases. She has just started a blog on “family law across borders,” which I’ll be keeping an eye on. Melissa comments on a new Abduction Convention case in the Western District of Texas, in which the judge ordered the return of a child but stayed his order indefinitely in light of the pandemic. I don’t have a view on whether or not this is sensible, but I suspect we will be seeing many judges grapple with such questions, in this context and others. As I write this blog post, the U.S. east coast is…

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