On January 7, 2022, the First Circuit affirmed the U.S. District Court for the District of Massachusetts's return of Mr. Vieira's 7-year-old son from Massachusetts to Brazil. Ms. De Souza argued, on appeal, that the court erred when it concluded that the grave risk exception did not apply and in … Read More about Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof
Case Update (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction
Almost one year to the day, the Court of Appeals of Texas reversed and remanded its prior decision in the matter of Cortez v. Cortez. On December 29, 2020, the court had affirmed a trial judge, who had concluded Texas no longer had continuing, exclusive jurisdiction under the UCCJEA over the … Read More about Case Update (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction
Case Update (27 Dec 2021): In re. Request for Judicial Assistance from Embassy of Egypt; 1782 Action; International Discovery in Foreign Divorce Litigation
Ms. Hagar Abdo Hassan, who lives in Egypt, is seeking spousal support in the Egyptian courts from her ex-husband. Her ex-husband, living and working in Michigan, chose not to participate in the Egyptian proceedings. The Egyptian Family Court sent a letter rogatory to the U.S. Department of State, … Read More about Case Update (27 Dec 2021): In re. Request for Judicial Assistance from Embassy of Egypt; 1782 Action; International Discovery in Foreign Divorce Litigation
Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Mr. Tchenguiz is seeking the return of his child to England through the Hague Abduction Convention. There are apparently three legal issues at dispute in this case, which had been set for trial for January 10, 2022 (after a continuance of a December trial date based on Respondent's new arguments in … Read More about Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Case Update (28 Dec 2021): Sargsyan v. Martirosyan; comity as to Canadian order, application of Canadian law
Ms. Martirosyan appeals an order of divorce, giving her husband, Mr. Sargsyan his equitable share of the parties' marital property. The key issue in her appeal related to their date of their separation. The parties married in Armenia, immigrated to the United States, had a son, and then moved to … Read More about Case Update (28 Dec 2021): Sargsyan v. Martirosyan; comity as to Canadian order, application of Canadian law
Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
The saga of Mr. Radu and Ms. Shon continues with a new trial court opinion on December 30, 2021. On September 17, 2020, the U.S. District Court for the District of Arizona previously issued an order granting Mr. Radu's request to have his children returned to Germany. The court opined that the … Read More about Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
Case Update (20 Dec 2021): Chigariro v. Gessen; habitual residence and understanding when countries are treaty partners under the Hague Abduction Convention
The U.S. District Court for the District of Massachusetts denied a petitioner's request to return her children to Zimbabwe, after concluding that Russia, and not Zimbabwe, was the child's habitual residence. The court gave an explanation of when the Hague Abduction Convention is in place between … Read More about Case Update (20 Dec 2021): Chigariro v. Gessen; habitual residence and understanding when countries are treaty partners under the Hague Abduction Convention
Case Update (7 Dec 2021): Aslund v. Oslund; registration of foreign custody order under UCCJEA
In the unpublished opinion of Aslund v. Oslund, the NC Court of Appeals vacated a NC court order that enforced a Belgian custody order. Father and Mother are parents to three children, all born in the United States. The family lived in Germany when the parties divorced and litigated custody. In … Read More about Case Update (7 Dec 2021): Aslund v. Oslund; registration of foreign custody order under UCCJEA
Case Update (3 Dec 2021): Delagarde v. Delagarde; limitations imposed so as to effectively prohibit child’s international travel
In an unpublished opinion, the Court of Appeals for Idaho affirmed the magistrate court's custody order. Laurent and Micaela divorced in 2019, when their daughter was 3 years old. Laurent, who is a French citizen and U.S. permanent resident, appealed based on the restrictions placed on his … Read More about Case Update (3 Dec 2021): Delagarde v. Delagarde; limitations imposed so as to effectively prohibit child’s international travel
Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
In July 2021, the SDNY ordered the Velozny children returned to Israel. Ms. Velozny (Respondent) appeals to the 2nd Circuit. She "challenges the district court’s order and judgment to the extent that it declined to apply one of th[e] affirmative defenses, i.e., the grave risk of harm exception, as … Read More about Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
Case Update (24 Nov 2021): Joseph II v. Luisa JJ; home state; service overseas
The parties, Joseph and Luisa, are the parents to one child, born in 2013. They resided primarily in NY during their marriage, but also spent extended time at their second home in Italy. In July 2019, they entered a separation and settlement agreement providing for joint legal and shared physical … Read More about Case Update (24 Nov 2021): Joseph II v. Luisa JJ; home state; service overseas
Case Update (10 Dec 2021): Saada v. Golan; Cert Petition Granted
The U.S. Supreme Court granted Ms. Golan's Petition for Writ of Certiorari, making this the fifth Hague Abduction case going before the Supreme Court. … Read More about Case Update (10 Dec 2021): Saada v. Golan; Cert Petition Granted