The parents, in this case, reached a settlement agreement related to Mr. Garzon's request to have the parties' two minor children returned to Colombia under the Hague Abduction Convention. As part of their settlement, the parents filed a request in the Circuit Court for Washtenaw County, Michigan, … Read More about Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court
Case Update (28 Sept 2022): Radu v. Shon; request for stay denied, Respondent may seek stay from 9th Circuit
On August 22, 2022, the district court again ordered the parties' 2 minor children returned to Germany, and did so without a further evidentiary hearing. Ms. Shon, the Respondent, appeals, and seeks a stay of the order requiring the return of the children. In arguing that she is likely to prevail … Read More about Case Update (28 Sept 2022): Radu v. Shon; request for stay denied, Respondent may seek stay from 9th Circuit
Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention
On September 19, 2022, the U.S. District Court for the Eastern District of Missouri ordered the parties' minor child returned to her habitual residence of Japan. The child's father filed his return petition in the court on April 12, 2022. The court found that the child's mother removed the child … Read More about Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention
Case Update (9 Sept 2022): Macfadyen v. DHS; Nigerian divorce documents insufficient to demonstrate Nigerian divorce occurred
Ms. Macfadyen is a Nigerian national. She entered the U.S. in October 2001 on a B-2 visitor visa, overstayed it, was placed in removal proceedings in January 2003, filed for asylum, had her asylum application denied, and was ordered removed to Nigeria in February 2006. During removal proceedings, … Read More about Case Update (9 Sept 2022): Macfadyen v. DHS; Nigerian divorce documents insufficient to demonstrate Nigerian divorce occurred
Case Update (2 Sept 2022): Revelo v. Cedeno; minor child ordered returned to Ecuador, court orders federal government to produce documents necessary to return child
Petitioner Father and Respondent Mother are parents to one child, born in Ecuador. The parents were in a civil union until August 29, 2019, at which time they ended their relationship. At the same time, they entered into a custody agreement that gave Respondent custody with open visitation rights … Read More about Case Update (2 Sept 2022): Revelo v. Cedeno; minor child ordered returned to Ecuador, court orders federal government to produce documents necessary to return child
DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction
On September 13, 2022, the U.S. Department of State issued its annual "action report" outlining the specific actions that the U.S. government has taken with regard to the countries it listed in its June 2022 compliance report. Learn more about the compliance report and read it here. Included in … Read More about DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction
Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia
On August 31, 2022, the U.S. District Court for the ND of Georgia ordered the parties' minor child KPCA returned to Colombia under the Hague Abduction Convention. KPCA was born in the United States where he lived for the first five years of his life, but moved to Colombia with Respondent in 2015 … Read More about Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia
Case Update (26 Aug 2022): Vonnahme v. Lugo; deciphering a right of custody under a Cuban custody decree and “ambiguous” German law
The parties are divorced parents to a daughter, born in April 2013 in Havana, Cuba. In 2013, Ms. Lugo and the child moved to Paderborn, Germany. The couple separated in 2014, with Mr. Vonnahme pursuing a divorce in Cuba in 2015. In the divorce decree, both parents had rights of "patria postetas" … Read More about Case Update (26 Aug 2022): Vonnahme v. Lugo; deciphering a right of custody under a Cuban custody decree and “ambiguous” German law
Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody
On August 26, 2022, the U.S. District Court for the D. of Colorado denied Mr. Livingstone's request to return his children to Australia. The parties married in Las Vegas in February 2015 and had a child. When their child was 3-months old in February 2017, they traveled to Australia. They lived a … Read More about Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody
Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas
In 2021, Mr. Cortez and Ms. Garza were litigating over the issue of jurisdiction for their custody matter. The parties are now back before the court on the issue of child support. Mr. Cortez sought a reduction in child support, which was granted and applied retroactively to January 1, 2018. Mr. … Read More about Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas
Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
As most international family law practitioners now know, the U.S. Supreme Court handed down an opinion on June 15, 2022 in the matter of Golan v. Saada, a Hague Abduction Convention matter that revolved around the grave risk of harm exception to returning children under that treaty. In that Supreme … Read More about Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
Case Update (19 August 2022): Radu v. Shon; Remand from Supreme Court Still Results in a Return Order
In September 2020, the U.S. District Court for the District of Arizona first ordered Ms. Shon to return the parties' two children to Germany under the Hague Abduction Convention. In its return order, it required Ms. Shon to also return, deeming this necessary to ameliorate the grave risk of … Read More about Case Update (19 August 2022): Radu v. Shon; Remand from Supreme Court Still Results in a Return Order