Italian Petitioner Father and American Respondent Mother are parents to a minor son, GG, born in Consenza, Italy in September 2011. The family resided in Consenza for five years, and in October 2016, relocated to Spain. Mother had no employment in Italy or Spain. After 2 years in Spain, the … Read More about Case Update (3 August 2022): Guzzo v. Hansen; child returned to habitual residence of Spain; no grave risk and child was not mature to object
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
Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
This summary is a little longer because it is the first case where I have seen Golan v. Saada cited and applied in a Hague Abduction Convention case since the Supreme Court opinion on June 15, 2022. As a quick note, Petitioner put forth evidence of ameliorative measures, the court did consider … Read More about Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
Case Update (11 July 2022): In re Marriage of Rietschin; Domicile of 1 spouse necessary for divorce
Dominika (a Polish citizen) and Axel (a Swiss citizen) met in Switzerland, married, and had 2 children. In 2014, they moved to Washington State for Axel's job. They shipped their belongings, enrolled their children in school in the U.S., involved them in activities, both held jobs, and attempted to … Read More about Case Update (11 July 2022): In re Marriage of Rietschin; Domicile of 1 spouse necessary for divorce
HCCH Update (13 July 2022): Conclusions & Recommendations from 5th Special Commission on Hague Adoption Convention
From July 4 to July 8, 2022, the Special Commission on the practical operation of the Hague Adoption Convention met to discuss a robust agenda. The Conclusions and Recommendations, published from that meeting, are now available on the Hague Conference's website by clicking here. The Hague … Read More about HCCH Update (13 July 2022): Conclusions & Recommendations from 5th Special Commission on Hague Adoption Convention
Case Update (8 July 2022): Soulier v. Matsumoto; Belgium remained habitual residence after 1 year in NJ
Petitioner Father (who is Swedish and French) and Respondent Mother (who is Japanese and American) lived a very mobile life. They met in France while Father lived in Sweden and Mother in New Jersey. Father then attended the University of Michigan for a graduate degree, found employment with … Read More about Case Update (8 July 2022): Soulier v. Matsumoto; Belgium remained habitual residence after 1 year in NJ
Case Update (29 June 2022): In re. Marriage of Randoy; 1 year in Canada was a temporary absence from California based on parents’ intent
The Randoys are married parents to one son born in Los Angeles in 2014. Marieke, a Canadian national, was having difficulty finding acting parts in LA, so she discussed, with Reed, taking their son to Canada, finding smaller TV roles there, booking several, and then returning to LA to audition "via … Read More about Case Update (29 June 2022): In re. Marriage of Randoy; 1 year in Canada was a temporary absence from California based on parents’ intent
Case Update (23 June 2022): Safdar v. Aziz; best interests and international relocation; becoming a treaty “party” under the Hague Abduction Convention
The parties are parents to one child, born on January 1, 2016. In December 2016, the parties divorced in Michigan. The Father lives in Maryland and the Mother in Michigan. The divorce decree included an agreement for the parties to share joint legal custody, Mother (Aziz) to have sole physical … Read More about Case Update (23 June 2022): Safdar v. Aziz; best interests and international relocation; becoming a treaty “party” under the Hague Abduction Convention
Case Update (22 June 2022): De Souza Aredes v. Pereira Aredes; no clear and convincing evidence of grave risk; ameliorative measures in place
On June 22, 2022, the U.S. District Court for the D. of Mass. ordered a minor child, MPA, returned to her habitual residence of Brazil under the Hague Abduction Convention. MPA is the biological daughter of parents that had separated in November 2021, but remained legally married. Both parents … Read More about Case Update (22 June 2022): De Souza Aredes v. Pereira Aredes; no clear and convincing evidence of grave risk; ameliorative measures in place
Case Update (8 June 2022): Elali v. Marchoud; bigamous marriage voided in California
The California Court of Appeals affirmed a trial judge's conclusion that the parties', Ms. Marchoud and Mr. Elali, marriage, while valid under Lebanese law, was void as a matter of public policy in California as being bigamous. Ms. Marchoud was married to Mr. Elali in Lebanon in August 2012. At … Read More about Case Update (8 June 2022): Elali v. Marchoud; bigamous marriage voided in California
Case Update (7 June 2022): Dixon v. Smith; continuing exclusive jurisdiction declined for a more appropriate forum
The parties and their 2 children are Canadian citizens who migrated to the United States in 2014. They divorced in Delaware in 2016, and in 2018, after a full merits trial, the Delaware Family Court permitted the mother to relocate the children to Canada. In February 2021, the father filed a suit in … Read More about Case Update (7 June 2022): Dixon v. Smith; continuing exclusive jurisdiction declined for a more appropriate forum