The parties are the biological parents of one child, born in August 2018. The Petitioner Mother also had two older children (not part of this case). The parents met and married in Brazil. The Respondent Father was on a temporary contract and was going to be moving for similar … Read More about Case Update (2 February 2023): Argueta v. Argueta-Ugalde; a child moved frequently was found to be habitually resident in Brazil, which was the “only constant” in the child’s life
Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there
Petitioner Father's request to return the parties' two minor children to Canada was denied after a 2-day evidentiary hearing in the U.S. District Court for the M.D. of Florida, an in-camera interview of the children, and written closing arguments. The family had lived in Florida for a significant … Read More about Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there
Case Update (21 Feb 2023): Dos Santos v. Argueta-Ugalde; a stay should not be a matter of course pending an appeal of an order returning a child to habitual residence
This case illustrates a common occurrence in Hague Abduction Convention litigation in the United States. When a court orders the return of a minor child to their habitual residence, the Respondent Parent routinely requests an immediate stay of that return order. The U.S. District Court for the ED … Read More about Case Update (21 Feb 2023): Dos Santos v. Argueta-Ugalde; a stay should not be a matter of course pending an appeal of an order returning a child to habitual residence
Case Update (9 Feb 2023): Castang v. Kim; a child’s habitual residence is a country, and not with a parent
The parties are the joint legal custodians of the parties' child, age 4 and born in France. The primary residence of the child is fixed with the Respondent Mother through a French court order. A French court order also instituted a travel ban, preventing the Mother from removing the child from … Read More about Case Update (9 Feb 2023): Castang v. Kim; a child’s habitual residence is a country, and not with a parent
Case Update (15 Feb 2023): Shapira v. Lackenbacher; failure to object to foreign order registration in 20 days
In an unpublished opinion, the California Court of Appeals affirmed a trial judge's registration of a Colombian child support order. On March 16, 2021, the Mother filed a request to register the Colombian order. Notice was sent to the Father, who then had 20 days to contest the registration under … Read More about Case Update (15 Feb 2023): Shapira v. Lackenbacher; failure to object to foreign order registration in 20 days
Case Update (8 Feb 2023): In re Marriage of Mwinyelle; there is more than one Hague Convention; know which one you are referencing and how to see if a country is a Contracting State
Husband and Wife engaged in mediation in Arizona that ultimately reached certain settlements. One of those agreements was that "no parent shall be required to give consent to travel to countries that are not signer [sic] to the Hague convention." Post-mediation, the spouses exchanged drafts of a … Read More about Case Update (8 Feb 2023): In re Marriage of Mwinyelle; there is more than one Hague Convention; know which one you are referencing and how to see if a country is a Contracting State
Case Update (9 Feb 2023): Taiwo v. Taiwo; simultaneous divorce proceedings and motions to dismiss
Husband and Wife, both citizens of Nigeria, married in Lagos in 2003. In 2004, they moved to Maryland and have resided primarily in Maryland since that time. Husband is a dual national with the USA, has resided in the USA since 1975, owns property in the USA since 1981, pays the mortgage, taxes, … Read More about Case Update (9 Feb 2023): Taiwo v. Taiwo; simultaneous divorce proceedings and motions to dismiss
Canada Update: Relocation permitted from Alberta to Florida (Guest Blogger: Max Blitt, KC)
Guest Blog Post: Max Blitt, KC (Calgary, Alberta, Canada) On November 29, 2022, the Court of King’s Bench in Lethbridge, Alberta in M v I Action #4806-022768 (unreported-publication ban) permitted a Mother (“I”) to permanently relocate her two children A (5 years of age) … Read More about Canada Update: Relocation permitted from Alberta to Florida (Guest Blogger: Max Blitt, KC)
Case Update (3 February 2023): Efthymiou v. Labonte; Autistic Child was not sufficiently mature after the court concluded he was parroting his mother’s views on him remaining in CA
The parties’ 12-year-old child had lived with Petitioner Father in Cyprus under a court order since the parties’ divorce in 2014, which granted the Father sole custody. Because of the Father’s job, he would often return home very late, which routinely left the child in his paternal … Read More about Case Update (3 February 2023): Efthymiou v. Labonte; Autistic Child was not sufficiently mature after the court concluded he was parroting his mother’s views on him remaining in CA
Event Updates (2023 March): Join these International Family Law Events in March 2023
Monday, March 6th from 2:30 to 5:30 p.m. ET: Free Zoom Training Forced and Child Marriage in the U.S. and Beyond, and the Role of Family Law Attorneys in Prevention and Response Register by clicking here. … Read More about Event Updates (2023 March): Join these International Family Law Events in March 2023
Case Update (7 Feb 2023): Adjei v. Mayorkas; Ghanaian divorce based on citizenship should be recognized as valid in Virginia, even though domicile was lacking
Mr. Adjei seeks legal status as the spouse of Ms. Boateng. Prior to their marriage, Ms. Boateng was married to a man named Mr. Gyasi. Both Boateng and Gyasi were Ghanaian, but were living in and domiciled in Virginia at the time they pursued, and secured, a legal customary divorce in Ghana through … Read More about Case Update (7 Feb 2023): Adjei v. Mayorkas; Ghanaian divorce based on citizenship should be recognized as valid in Virginia, even though domicile was lacking
Case Update (1 Feb 2023): State v. Lannelongue; when Spanish child support order was refused registration, custodial parent could seek a Louisiana order simultaneously
The minor child, V, was born in Spain on September 11, 2004. The parents had married in Nevada earlier that year, but had separated before his birth. In September 2016, the child's mother filed for custody and support in Spain, against the father, a resident and domiciliary of the state of … Read More about Case Update (1 Feb 2023): State v. Lannelongue; when Spanish child support order was refused registration, custodial parent could seek a Louisiana order simultaneously