The parties are parents to one daughter, born in Manitoba, Canada. The parties stipulated to petitioner father's case-in-chief with the mother acknowledging that she was to return to Manitoba with the child on September 7, 2022, but did not do so. The father filed a return petition in Texas … Read More about Case Update (17 Jan 2023): Preston v. Preston; 9 year old child was not mature, and was further unduly influenced by both parents
Case Update (12 Jan 2023): In re Marriage of Badawiyeh; UCAPA requires a consideration of all risk factors, and court may not rely on only the fact that a country is not a Convention partner with US to impose travel restrictions
Two parents engaged in a divorce and custody matter in Colorado. In the proceeding, the father sought to travel to the UAE with their children. The father and children have Jordanian and U.S. passports, and father has relatives in Dubai, where the family regularly traveled during the marriage. … Read More about Case Update (12 Jan 2023): In re Marriage of Badawiyeh; UCAPA requires a consideration of all risk factors, and court may not rely on only the fact that a country is not a Convention partner with US to impose travel restrictions
Event Updates (2023 February): Join these International Family Law Events in February 2023
Monday, February 6th - 12 p.m. to 2:30 p.m. ET - Learning the Fundamentals for Your International Family Law Practice: Comparative Law and Jurisdiction - Registration click here Thursday, February 9th - 12 p.m. to 1:30 p.m. ET - Representing UN Employees In Their Family Law Disputes - … Read More about Event Updates (2023 February): Join these International Family Law Events in February 2023
Case Update (12 Jan 2023): Antonetti v. Westerhausen; Arizona defines “temporary absence” under definition of home state in UCCJEA
The Court of Appeals of Arizona denied Father's appeal where he argued that the trial court improperly assumed child custody jurisdiction under the UCCJEA over their dual Italian-U.S. son who was born in Tunisia in March 2018. In February 2020, the parties traveled to Italy for a vacation. … Read More about Case Update (12 Jan 2023): Antonetti v. Westerhausen; Arizona defines “temporary absence” under definition of home state in UCCJEA
Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
On November 21, 2022, the 9th Circuit heard oral arguments on the matter of Radu v. Shon, which involves a father's request to return the parties' two children to Germany using the Hague Abduction Convention. In September 2020, the district court ordered the children returned with an ameliorative … Read More about Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
Case Update (21 Dec 2022): Bikundwa v. Ruyenzi; Children ordered returned to Petitioner in Belgium
The parties are parents to 2 teenage, high-school children, who were both born in Belgium and had lived their entire lives in Belgium until July 2022, at which time they traveled to Washington State to spend time with their father, with a scheduled return date and return ticket for August 16, 2022. … Read More about Case Update (21 Dec 2022): Bikundwa v. Ruyenzi; Children ordered returned to Petitioner in Belgium
Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case
The parties child was ordered returned to Spain. Petitioner sought reimbursement of fees and costs. The Respondent did not respond to Petitioner's request for fees and costs under ICARA, so she did not meet her burden to show that an award of fees was clearly inappropriate under the statute. … Read More about Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case
Case Update (30 Dec 2022): Kaur v. Sandhu; failure to abide by registration requirement did not void marriage under Indian law
The parties married in India by ceremonial marriage. They moved to Washington State, and subsequently separated. The Wife sought to annul the marriage, while the Husband sought a divorce. The issue was ultimately whether their Indian marriage was void under Indian law. The trial court concluded … Read More about Case Update (30 Dec 2022): Kaur v. Sandhu; failure to abide by registration requirement did not void marriage under Indian law
Case Update (29 Dec 2022): Gyger v. Clement; 2nd appeal on Mother’s attempt to register and enforce Swiss child support order in NC
Ms. Gyger filed another appeal surrounding her attempts to register a Swiss child support order in North Carolina. Ms. Gyger, a resident and citizen of Switzerland, had met Mr. Clement, a citizen of the USA and resident of North Carolina, in North Carolina where they resided together for about 8 … Read More about Case Update (29 Dec 2022): Gyger v. Clement; 2nd appeal on Mother’s attempt to register and enforce Swiss child support order in NC
Case Update (22 Dec 2022): Davis v. Lake; children not returned under Abduction Convention after finding Petitioner consented to their relocation
The parties are parents to 2 children, ages 9 and 11 at the time of the district court proceeding in Virginia. Pursuant to an Anguillan custody order, the Respondent/Mother had primary residential custody, and the Petitioner/Father had routine access, which he did not fully exercise (in part, … Read More about Case Update (22 Dec 2022): Davis v. Lake; children not returned under Abduction Convention after finding Petitioner consented to their relocation
Case Update (31 Oct 2022): Jindrich v. Weihele; German treatment of U.S. military retirement benefits in German divorce
The Husband in this case is a retired U.S. military member, who had, during the marriage, been stationed in Germany. The parties met in Germany, married there, and lived there during the entirety of their marriage. They also divorced there on October 6, 2009. In their German divorce decree, the … Read More about Case Update (31 Oct 2022): Jindrich v. Weihele; German treatment of U.S. military retirement benefits in German divorce
Event Updates (2023 January): Join these International Family Law Events in January 2023
January 10, 2023 at 3 p.m. ET: California Lawyers Association: Introduction to the Hague Convention on Child Abduction (California MCLE Credit) January 17, 2023 at 11 a.m. ET: ABA International Law Section: Annual Year-in-Review legal updates from U.S. and UK (free) January 24 & 25, 2023 … Read More about Event Updates (2023 January): Join these International Family Law Events in January 2023