In Avendano v. Balza, the First Circuit affirmed the U.S. District Court's refusal to return G, a minor child, to Venezuela on the basis that G was mature, and objected to the return. The Petitioner Mother appeals the court's finding on two points.Point one: Petitioner argues the court wrongly … Read More about Case Update: Avendano v. Balza, Hague Abduction Convention, mature child objection and undue influence
Case Update: Alfonso VH v. Christina AZ, Hague Abduction Return Petition, Now Settled Exception
On January 8, 2021, the U.S. District Court for the Western District of Virginia denied a return petition brought under the Hague Abduction Convention in the case of Alfonso VH v. Christina AZ on the basis that the minor child is now settled in the United States.The court found that the Petitioner … Read More about Case Update: Alfonso VH v. Christina AZ, Hague Abduction Return Petition, Now Settled Exception
Case Update: UCCJEA, connections sufficient to maintain continuing, exclusive jurisdiction to modify a custody order
The Court of Appeals of Texas, Houston affirmed the trial court in Cortez v. Cortez on December 29, 2020, which found that Texas no longer had continuing, exclusive jurisdiction to modify its custody order.Mr. and Ms. Cortez are parents to two sons, both born in Texas, but who moved to Mexico a few … Read More about Case Update: UCCJEA, connections sufficient to maintain continuing, exclusive jurisdiction to modify a custody order
Case Update: Pawananun v. Pettit, child abuse should be serious and well-documented to be considered as a grave risk of harm
In the case of Pawananun v. Pettit, the U.S. District Court returned the parties' two daughters to their habitual residence of Thailand. The parties stipulated that the father, Mr. Pettit, had wrongfully removed the parties' children from Thailand. Mr. Pettit focused on arguing that it would … Read More about Case Update: Pawananun v. Pettit, child abuse should be serious and well-documented to be considered as a grave risk of harm
Case Update: Petitioning Parent needs to establish his or her prima facie case to have his/her child returned using the Hague Abduction Convention
The U.S. District Court for the Western District of Washington denied Mr. Colchester's request that the court immediately return his daughter to him in Spain pursuant to the Hague Abduction Convention. The case came before the court after Ms. Lazaro, the child's mother, removed the case from the … Read More about Case Update: Petitioning Parent needs to establish his or her prima facie case to have his/her child returned using the Hague Abduction Convention
Case Update: Hague Abduction return petition to be filed where children are located post-abduction; UCCJEA and home state declining to exercise jurisdiction
Mr. Jack Stone is back in court, this time in a state court in Florida, seeking the return of his minor children from Japan. Mr. Stone was previously before the U.S. District Court for the District of Columbia seeking a U.S. passport for his child, without the child's mother's consent, and seeking … Read More about Case Update: Hague Abduction return petition to be filed where children are located post-abduction; UCCJEA and home state declining to exercise jurisdiction
Case Update: Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence
The Middle District of Tennessee examined the issue of habitual residence in a "retention" case under the 1980 Hague Abduction Convention in Rodriguez v. Fernandez. In this case, the court weeded through inconsistent testimony taken by remote technology through interpreters and messages that were … Read More about Case Update: Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence
Case Update: Service of Process in South Korea using the Hague Service Convention; certificate of non-service; actual notice
Ms. Cha (South Korean) married Mr. Kim (American) and had a child in 2014. In April 2016, Ms. Cha left their home in Guam with the child for South Korea. Mr. Kim filed for divorce in Guam 3 months later, and in September 2016, Ms. Cha filed for divorce in South Korea. Mr. Kim also filed a request … Read More about Case Update: Service of Process in South Korea using the Hague Service Convention; certificate of non-service; actual notice
Webinar Update: The International Family Law Year-in-Review
My law firm will be offering a free webinar on January 13th at noon ET, where I will provide a summary of the most important international family law updates of 2020. You can learn more about it, and register by clicking here. … Read More about Webinar Update: The International Family Law Year-in-Review
Case Update: Younger abstention, suit against family court judge for abduction prevention measures, access rights under Hague Abduction Convention
A father, Gyorgy Matrai, sued his California family court judge in the U.S. District Court for the ND California for ordering a bond of $5 million before Mr. Matrai could see his son. Mr. Matrai argues that the bond violates his, and his son's, substantive due process rights under the 14th … Read More about Case Update: Younger abstention, suit against family court judge for abduction prevention measures, access rights under Hague Abduction Convention
Case Update: improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity
In the case of Glory and Sunita Jayagaran, the Washington Court of Appeals refused to recognize an Indian divorce decree because the Husband did not properly serve his Wife, thereby denying her due process. The couple lived approximately 18 years, having 3 children, in Washington State. In March … Read More about Case Update: improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity
Case Update: Third-Party custody, notice of Hague Abduction return request, inability to conduct home study in foreign country
Some interesting issues arose in the case of MARG v. Texas Department of Family & Protective Services. Third party caregivers were appointed as three (3) children's conservators (custodians) in Texas. The child's mother, from whom the children were removed, was agreeable to the third parties … Read More about Case Update: Third-Party custody, notice of Hague Abduction return request, inability to conduct home study in foreign country