The parties' 2 children, ages 8 and 6 at the time of the trial, were wrongfully removed from their habitual residence of Venezuela by their mother, who worked with an attorney to forge the legally required travel consent that was presented to the Venezuelan court that allowed their exit. The mother … Read More about Case Update (2 June 2023): Soterano v. Aponte; children are now settled in Miami, returning them to Venezuela would not resume “status quo”
Case Update (26 May 2023): Silva v. Dos Santos; district court applied the wrong standard in weighing evidence of grave risk, and therefore the order returning the child is vacated and case remanded
The U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a district court order returning the parties' minor child to Brazil. At trial, the mother/respondent argued that returning the child would expose her to a grave risk of harm. She testified about different incidents of abuse and … Read More about Case Update (26 May 2023): Silva v. Dos Santos; district court applied the wrong standard in weighing evidence of grave risk, and therefore the order returning the child is vacated and case remanded
Case Update (24 May 2023): Efthymiou v. Labonte, Hague Abduction attorney fees reduced for repetitive presentation of evidence, certain unnecessary costs, and respondent’s financial circumstances
The petitioner was entitled to a reduced fee award for prevailing in the petition to return his minor child to Cyprus. Petitioner requested an award of $199,878.84. In determining what of this amount was "necessary," the court made note that Petitioner was not seeking money related to his expert, … Read More about Case Update (24 May 2023): Efthymiou v. Labonte, Hague Abduction attorney fees reduced for repetitive presentation of evidence, certain unnecessary costs, and respondent’s financial circumstances
Case Update (22 May 2023): Mahdavi v. Mahdavi; caution when settling a civil divorce suit when there may be a companion religious divorce needed
The Mahdavis civilly married in West Virginia in 1986, and then held a second, religious-based marriage ceremony at the Islamic Education Center in Washington, D.C. The parties agreed that this religious-based marriage included a provision, in their Islamic marriage contract, for a mahr of 100 gold … Read More about Case Update (22 May 2023): Mahdavi v. Mahdavi; caution when settling a civil divorce suit when there may be a companion religious divorce needed
Case Update (9 May 2023): Castang v. King; 11th Cir. affirms Court’s return of child to France; habitual residence is a country, not a parent; returning child in a parent’s “custody” is not a custody determination
The U.S. Court of Appeals for the Eleventh Circuit affirmed an order returning a minor child to France. On appeal, the Mother argued two things, neither of which the Eleventh Circuit felt had merit. The first argument was that the order to return the child was a custody determination that … Read More about Case Update (9 May 2023): Castang v. King; 11th Cir. affirms Court’s return of child to France; habitual residence is a country, not a parent; returning child in a parent’s “custody” is not a custody determination
Case Update (15 May 2023): Anumandla v. Kondapalli; Article 15 of Service Convention permitted trial court to grant divorce
Husband filed for divorce in the local Ohio courts. The divorce filing and summons was sent to Wife in India via registered mail on June 25, 2021. On September 13, 2021, the Wife filed a document captioned "Complaint for Divorce" where she admits she received the summons, but that everything her … Read More about Case Update (15 May 2023): Anumandla v. Kondapalli; Article 15 of Service Convention permitted trial court to grant divorce
Case Update (28 March 2023): Lugo v. Padilla; Recommend Petition to Return abducted child be denied; child is now settled
The parties stipulated to Petitioner's prima facie case-in-chief to seek the return of their child from Florida to Venezuela. Therefore, at issue in this Hague Abduction Convention return matter were the Respondent Mother's exceptions to the child's return. Respondent argued consent, but the … Read More about Case Update (28 March 2023): Lugo v. Padilla; Recommend Petition to Return abducted child be denied; child is now settled
Case Update (30 April 2023): Watts-Farmer v. Cortes; affirming ne exeat as a right of custody; protective order that was ignored by parent presents a grave risk
The parties are parents to a minor child who was retained by the Respondent Mother in New Jersey at the end of a December 2021 trip. After some procedural hiccups, the Petitioner Father filed and then served his amended petition to request the minor child's return to Colombia in or around August 7, … Read More about Case Update (30 April 2023): Watts-Farmer v. Cortes; affirming ne exeat as a right of custody; protective order that was ignored by parent presents a grave risk
Case Update (13 April 2023): Johnson v. Johnson; mature child objects to return to Bahamas and would be exposed to harm if returned; USA became child’s habitual residence
SJ's parents filed a return petition under the Hague Abduction Convention on or about August 2022 against SJ's aunt and uncle in Colorado to return their 15-year-old daughter to the Bahamas. On July 15, 2021, the Petitioner Parents executed a notarized affidavit to allow SJ to travel to … Read More about Case Update (13 April 2023): Johnson v. Johnson; mature child objects to return to Bahamas and would be exposed to harm if returned; USA became child’s habitual residence
Case Update (19 April 2023): People v. Coulthard; Father’s criminal conviction for felony child abduction is a distinct/different remedy than the return of a child under Hague Abduction Convention
The Santa Clara County, California DA charged the Father with a single count of felony child abduction and the jury convicted him. In January 2022, the trial court suspended his sentence and placed him on probation for 2 years. He appealed. The parents to the minor child were … Read More about Case Update (19 April 2023): People v. Coulthard; Father’s criminal conviction for felony child abduction is a distinct/different remedy than the return of a child under Hague Abduction Convention
Case Update (3 April 2023): Rzeczkowski v. Borrero; Colombian notary is different than a U.S. notary, and two prenuptial “agreements” signed in Colombia are subject to recognition as a matter of comity if they do not violate public policy
The parties met, began dating, and moved to Colombia, where the Wife lived. The Wife was a successful executive, but the Husband, despite having an Executive MBA, was not employed, waiting for the perfect job in start-ups to come along. When they got engaged, they decided to enter into … Read More about Case Update (3 April 2023): Rzeczkowski v. Borrero; Colombian notary is different than a U.S. notary, and two prenuptial “agreements” signed in Colombia are subject to recognition as a matter of comity if they do not violate public policy
DOS Update (3 May 2023): Annual ICAPRA Compliance Report is Published
The U.S. Department of State issues a yearly “compliance” report, as mandated by Congress, that visits outstanding child abduction cases from the United States to other countries and explores some of the underlying reasons behind why certain cases remain unresolved. The report includes both … Read More about DOS Update (3 May 2023): Annual ICAPRA Compliance Report is Published