Extending Comity To Foreign Decrees In International Custody Disputes Between Parents In The United States And Islamic Nations  

Oleh:

Foley, Thomas

Jenis: Article from Journal - ilmiah internasional
Dalam koleksi: Family Court Review vol. 41 no. 2 (Apr. 2003), page 257-275.
Fulltext: 257.pdf (101.08KB)

Isi artikel

International custody disputes involving parents and children from Islamic nations and the United States have yielded a spectrum of interpretation of Islamic Shari’a law and the best interests of the child. The lack of a determinative treaty between the United States and all but one Islamic nation has led to an inconsistency of criterion in determining whether to extend comity to a custody decree from a court of an Islamic nation. The domestic law statutes, which determine jurisdiction in these matters, have provisions for international application and recognition of foreign custody decrees. The recognition of custody decrees from the courts of Islamic nations is contingent upon the satisfying of procedural and substantive thresholds. Focusing on the substantive, the author opines that American courts have a responsibility to understand certain aspects of the law, culture, and religion of Islam in order to accurately determine if the threshold has been meet.

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