The minor child at issue, SL, is currently living with her aunt and uncle in the Netherlands. In 2008, the child's mother passed away, and the father remarried. In May 2011, a Dutch family court granted parental authority of the child to the child's father and stepmother. The three proceeded to … Read More about Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
Case Update (10 Nov 2021): Dawson v. Dylla; Hague Abduction access; Younger abstention
The Tenth Circuit issued an opinion in the case of Dawson v. Dylla. Mr. Dawson appealed the U.S. District Court's order that dismissed his Hague Abduction access petition with prejudice. The Tenth Circuit vacated and remanded with directions to dismiss his petition without prejudice. After … Read More about Case Update (10 Nov 2021): Dawson v. Dylla; Hague Abduction access; Younger abstention
Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures
Jeffrey and Yuko are the parents to two children. Jeffrey and the children resided in Illinois, and Yuko resided in Japan. In the parties' 2013 custody order, the children were permitted summer access with their mother in Japan if three conditions were met: (1) Japan became a signatory to the … Read More about Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures
Case Update (12 Nov 2021): Matrai v. Hiromoto; abstention; abduction prevention
In an unpublished opinion, the Ninth Circuit affirmed dismissal of Mr. Matrai's suit that he filed against the family court judge that put in place child abduction prevention measures. Judge Hiromoto issued a $5,000,000 bond before Mr. Matrai could see his son to prevent the child from being … Read More about Case Update (12 Nov 2021): Matrai v. Hiromoto; abstention; abduction prevention
Case Update (5 Nov 2021): Oleiwi v. Shlahi; enforceability of mahr
The couple in this case executed an Islamic marriage contract containing a mahr (deferred dowry) in Iraq. The Wife is seeking to uphold/enforce the mahr provision. The Husband is seeking to invalidate it on the basis of a recent New York family court case that indicated the mahr cannot be enforced … Read More about Case Update (5 Nov 2021): Oleiwi v. Shlahi; enforceability of mahr
Case Update (2021): Arnaldur Schram v. Tania Zarak; Hague Abduction return petition; habitual residence
On November 2, 2021, the SDNY ordered the parties' two eldest children returned to Iceland. This blog post is a little lengthy because the issue at hand is habitual residence, which now involves a totality-of-the-circumstances analysis. Mr. Schram (Icelandic) and Ms. Zarak (Mexican) both … Read More about Case Update (2021): Arnaldur Schram v. Tania Zarak; Hague Abduction return petition; habitual residence
Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child
On October 27, 2021, the Appellate Court of Illinois reversed a trial court's finding that Steven was entitled to an order of protection and that Meeli was in indirect civil contempt of a court order to return their child from Estonia to Illinois. The family traveled from Illinois to Estonia in … Read More about Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child
Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
On February 26, 2021, in the matter of Colchester v. Lazaro, the U.S. District Court for the W.D. of Washington ordered the parties’ 6-year-old child returned to Spain. On October 22, 2021, the Ninth Circuit vacated and remanded. At trial, Ms. Lazaro argued that the child would be at grave risk … Read More about Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
Case Update (2021): Philantrope v. Jean; Hague Abduction Return; child not settled despite petition being filed 29 months after removal
On October 19, 2021, the U.S. District Court for the SD of Florida ordered the parties' minor child returned to Chile. The child's father, alleging violent threats by the mother's boyfriend in Chile, decided to take their child to the United States. Over the course of approximately 3 months in … Read More about Case Update (2021): Philantrope v. Jean; Hague Abduction Return; child not settled despite petition being filed 29 months after removal
Case Update (2021): Harm v. Lake-Harm; Hague Abduction; habitual residence
On October 21, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the ED of Louisiana in its denial of Mr. Christopher Harm's request to return his child to Ireland using the Hague Abduction Convention. The case, in many respects, is relatively straight forward. The appellate issue … Read More about Case Update (2021): Harm v. Lake-Harm; Hague Abduction; habitual residence
Case Update (2021): Dumitrascu; Motion for Stay of Return Order
Mr. Dumitrascu filed a motion to stay the U.S. District Court's order returning his minor child to Romania. You can review the court's analysis when ordering the child returned here. Mr. Dumitrascu's motion focuses on his argument that the United States, and not Romania, was the minor child's … Read More about Case Update (2021): Dumitrascu; Motion for Stay of Return Order
Case Update (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition
On October 28, 2021, the U.S. Acting Solicitor General filed a brief in the case of Saada v. Golan, taking the position that the U.S. Supreme Court should grant Ms. Golan's petition for writ of certiorari. As a reminder, this case addresses whether a court must determine if there are … Read More about Case Update (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition