On August 31, 2021, the 9th Circuit remanded to the U.S. District Court for the District of Arizona to address the likelihood that the alternative remedies it crafted in its order returning the parties' children to Germany were likely to be performed. As a reminder, in September 2020, the U.S. … Read More about Case Update (2021): Radu v. Shon; Remand on Likelihood of Performance of Alternative Remedies
Case Update (2021): Pflucker v. Warms; habitual residence
On October 6, 2021, the U.S. District Court for the Middle District of Florida denied Dr. Pflucker's petition to have her two minor children returned to Peru. The court concluded that the United States, not Peru was the children's habitual residence. The facts of this case focus on whether Lt. … Read More about Case Update (2021): Pflucker v. Warms; habitual residence
Case Update (2021): Ruiz Oliva v. Espinoza; Hague Abduction return petition; habitual residence
Mr. Ruiz Oliva's Petition for return of his son to Mexica was denied. The court concluded that the United States, and not Mexico, was the child's habitual residence. In making this threshold finding, the court did not opine on whether any exceptions, argued by Ms. Espinoza, were met. On … Read More about Case Update (2021): Ruiz Oliva v. Espinoza; Hague Abduction return petition; habitual residence
Treaty Update (2021): Hague Evidence Convention: Georgia and Vietnam
On October 4, 2021, the United States accepted the accession of Georgia and Vietnam to the Hague Evidence Convention. The treaty will enter into force between the U.S. and both countries on December 3, 2021. You can refer to the Hague Conference on Private International Law's Evidence Section by … Read More about Treaty Update (2021): Hague Evidence Convention: Georgia and Vietnam
Case Update (2021): Bhattacharjee v. Craig; mature child’s objection
The parties are parents to a 13- and an 11-year-old. In 2015, Mr. Bhattacharjee sought a divorce from the Singapore High Court (as the family had been living in Singapore since about 2008). In 2018, with the divorce proceeding still pending, Ms. Craig requested permission to relocate the children … Read More about Case Update (2021): Bhattacharjee v. Craig; mature child’s objection
HCCH Update (2021): 25th Anniversary of the Hague Child Protection Convention
The Hague Conference on Private International Law will be celebrating the 25th anniversary of the 1996 Hague Child Protection Convention on October 19, 2021 with a virtual event. This global event boasts presentations and talks by international family law experts worldwide. You can find … Read More about HCCH Update (2021): 25th Anniversary of the Hague Child Protection Convention
Case Update (2021): Douglas v. Douglas; habitual residence of young child
On September 21, 2021, the Sixth Circuit Court of Appeals affirmed the district court's summary judgment, dismissing Mr. Douglas's Request to Return his son, JD, to Australia. Nancy and Heath met online in October 2017. About a month or two later, Nancy left her job in Boston, took a remote … Read More about Case Update (2021): Douglas v. Douglas; habitual residence of young child
Case Update (2021): Dumitrascu v. Dumitrascu; habitual residence of a young child; application of Monasky
On September 15, 2021, in the case of Dumitrascu v. Dumitrascu, the U.S. District Court for the District of Colorado ordered the parties' minor child returned to Romania under the Hague Abduction Convention. The Parties are parents to a daughter, AMBD, who was born in Romania on September 4, … Read More about Case Update (2021): Dumitrascu v. Dumitrascu; habitual residence of a young child; application of Monasky
Events Update: Upcoming International Family Law Events
There are some amazing upcoming International Family Law events that you might want to join. September 24, 2021 at 12 p.m. ET International Parental Child Abduction Resources For The Practicing Lawyer: Join the NYSBA for a free informal chat with Preston Findlay, Esquire of the National … Read More about Events Update: Upcoming International Family Law Events
Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement
On July 19, 2021, the NY Supreme Court, Nassau County, granted a Husband's Motion for Summary Judgment where he sought an order holding the parties' mahr term in their nikah agrreement invalid and unenforceable. Among the various arguments the Husband made, he argued that the mahr provision, which … Read More about Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement
Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
In September 2020, the U.S. District Court for the District of Arizona ordered that Mr. Radu and Ms. Shon's two children be returned to Germany, but, because the court concluded returning the children to Mr. Radu would present a grave risk of psychological harm, the court ordered that "Shon shall … Read More about Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk