On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement
On July 19, 2021, the NY Supreme Court, Nassau County, granted a Husband's Motion for Summary Judgment where he sought an order holding the parties' mahr term in their nikah agrreement invalid and unenforceable. Among the various arguments the Husband made, he argued that the mahr provision, which … Read More about Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement
Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
In September 2020, the U.S. District Court for the District of Arizona ordered that Mr. Radu and Ms. Shon's two children be returned to Germany, but, because the court concluded returning the children to Mr. Radu would present a grave risk of psychological harm, the court ordered that "Shon shall … Read More about Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
Case Update (2021): AG v. AH; international child abduction prevention issues
The Bronx Family Court issued an unreported custody disposition on August 6, 2021 related to three minor children who were residing with their mother in a confidential domestic violence shelter in New York. The children's father was accused of significant domestic violence, including having left … Read More about Case Update (2021): AG v. AH; international child abduction prevention issues
Case Update (2021): In re. Private Complaint Filed by Luay Ajaj; proceeding with a private complaint on criminal kidnapping claims
On February 25, 2021, the Superior Court of Pennsylvania affirmed a trial court ruling that found the District Attorney was wrong when they disapproved/dismissed Mr. Ajaj's private complaint, which he filed against his Wife for "interference with custody of children" and "concealment of whereabouts … Read More about Case Update (2021): In re. Private Complaint Filed by Luay Ajaj; proceeding with a private complaint on criminal kidnapping claims
Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention
The Lorenz family, after some significant litigation, is proceeding towards a final resolution in the Hague Abduction Convention suit filed by Ms. Lorenz in the U.S. District Court for the ED of Michigan. As a preliminary matter, Ms. Lorenz filed a motion to waive "affirmative defense" and to … Read More about Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention
Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Petitioner, Ms. Wan, successfully secured a return order using the Hague Abduction Convention, for Mr. DeBolt to return their minor children to Hong Kong. On August 10, 2021, the U.S. District Court for the CD Illinois, ordered Mr. DeBolt to reimburse Ms. Wan attorneys' fees in the amount of … Read More about Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Case Update (2021): Farrell v. Blinken; process for relinquishing U.S. nationality
On July 13, 2021, the U.S. District Court for the D.C. Circuit, reversed and remanded in the case of Farrell v. Blinken. Mr. Farrell, a U.S. citizen by birth, moved to Switzerland in 1994, married, and had a child. In 2004, he became a Swiss citizen. Allegedly, he had the intent of … Read More about Case Update (2021): Farrell v. Blinken; process for relinquishing U.S. nationality
Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA
On August 13, 2021, the Court of Appeals of Texas affirmed its trial court's registration of an ex parte Mexican custody order. The father, Mr. Tucker, appeals the registration, arguing that, at the time the Mexican court issued its order, giving Ms. Covarrubias Campos interim custody, he had no … Read More about Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA
Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk
The Nobrega/Colmenares family, all Venezuelan nationals, resided in Venezuela. When the parents separated, they initially exercised a schedule where Mr. Nobrega would see his son every week and where they shared parental responsibility. Ms. Colmenares began expressing concerns that their son would … Read More about Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk
Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
On July 20, 2020, the 2nd Circuit upheld the Southern District of New York which ordered Mr. Grano and Ms. Martin's child returned to Spain. The child was returned on August 20, 2020. On March 5, 2021, Magistrate Judge Davison prepared a Report and Recommendation to the SDNY recommending attorney … Read More about Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
Case Update (2021): Aluker v. Yan, rights of custody under Hague Abduction Convention and private agreement
On August 5, 2021, the U.S. Court of Appeals for the Fourth Circuit affirmed the Eastern District of Virginia in the case of Aluker v. Yan. This was an unpublished, non-binding, opinion. The parties and their two children had resided in Portugal since 2017, they separated shortly after arriving … Read More about Case Update (2021): Aluker v. Yan, rights of custody under Hague Abduction Convention and private agreement