Petitioner Father and Respondent Mother are parents to one child, born in Ecuador. The parents were in a civil union until August 29, 2019, at which time they ended their relationship. At the same time, they entered into a custody agreement that gave Respondent custody with open visitation rights … Read More about Case Update (2 Sept 2022): Revelo v. Cedeno; minor child ordered returned to Ecuador, court orders federal government to produce documents necessary to return child
DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction
On September 13, 2022, the U.S. Department of State issued its annual "action report" outlining the specific actions that the U.S. government has taken with regard to the countries it listed in its June 2022 compliance report. Learn more about the compliance report and read it here. Included in … Read More about DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction
Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia
On August 31, 2022, the U.S. District Court for the ND of Georgia ordered the parties' minor child KPCA returned to Colombia under the Hague Abduction Convention. KPCA was born in the United States where he lived for the first five years of his life, but moved to Colombia with Respondent in 2015 … Read More about Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia
Case Update (26 Aug 2022): Vonnahme v. Lugo; deciphering a right of custody under a Cuban custody decree and “ambiguous” German law
The parties are divorced parents to a daughter, born in April 2013 in Havana, Cuba. In 2013, Ms. Lugo and the child moved to Paderborn, Germany. The couple separated in 2014, with Mr. Vonnahme pursuing a divorce in Cuba in 2015. In the divorce decree, both parents had rights of "patria postetas" … Read More about Case Update (26 Aug 2022): Vonnahme v. Lugo; deciphering a right of custody under a Cuban custody decree and “ambiguous” German law
Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody
On August 26, 2022, the U.S. District Court for the D. of Colorado denied Mr. Livingstone's request to return his children to Australia. The parties married in Las Vegas in February 2015 and had a child. When their child was 3-months old in February 2017, they traveled to Australia. They lived a … Read More about Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody
Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas
In 2021, Mr. Cortez and Ms. Garza were litigating over the issue of jurisdiction for their custody matter. The parties are now back before the court on the issue of child support. Mr. Cortez sought a reduction in child support, which was granted and applied retroactively to January 1, 2018. Mr. … Read More about Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas
Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
As most international family law practitioners now know, the U.S. Supreme Court handed down an opinion on June 15, 2022 in the matter of Golan v. Saada, a Hague Abduction Convention matter that revolved around the grave risk of harm exception to returning children under that treaty. In that Supreme … Read More about Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
Case Update (19 August 2022): Radu v. Shon; Remand from Supreme Court Still Results in a Return Order
In September 2020, the U.S. District Court for the District of Arizona first ordered Ms. Shon to return the parties' two children to Germany under the Hague Abduction Convention. In its return order, it required Ms. Shon to also return, deeming this necessary to ameliorate the grave risk of … Read More about Case Update (19 August 2022): Radu v. Shon; Remand from Supreme Court Still Results in a Return Order
Case Update (16 August 2022): Baez v. Paraskevas; shielding a Petitioner’s address did not limit Respondent’s ability to counter her argument the child was settled in its new home
The parties are unmarried parents to one U.S. citizen child, born in December 2018. The parties resided together with their child in Mexico since the child's birth. At the child's first birthday party in Mexico, Ms. Paraskevas informed the family she would be relocating to Arizona "indefinitely" … Read More about Case Update (16 August 2022): Baez v. Paraskevas; shielding a Petitioner’s address did not limit Respondent’s ability to counter her argument the child was settled in its new home
Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras
On August 11, 2022, a Magistrate Judge in the Western District of Louisiana issued a Memorandum Ruling granting Ms. Ariza Lopez's request to return her dual citizen child to Honduras using the Hague Abduction Convention. Mr. Ash, who is not the child's biological parent, but is listed on the … Read More about Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras
Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement
The parties are parents to one minor child. The Petitioner resided in Jamaica with the child, and the child visited the Respondent in New York each year. In 2020, the Respondent retained the child in New York at the end of a scheduled summer trip, arguing that COVID risks were greater in Jamaica. … Read More about Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement
Case Update (26 July 2022): Olson v. Olson; examination of UIFSA in determining jurisdiction to modify a foreign spousal support order
The parties, U.S. citizens, were married in 1998 in Pennsylvania, and later moved to the UK. On December 16, 2009, a court in the UK dissolved their marriage, and incorporated their November 19, 2009 consent order into its final judgment. The consent order was a separation agreement, which divided … Read More about Case Update (26 July 2022): Olson v. Olson; examination of UIFSA in determining jurisdiction to modify a foreign spousal support order