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Case Update (11 May 2022): Moquin v. Bergeron; application of choice of law clause in foreign prenuptial agreement

May 16, 2022

The spouses signed a Marriage Contract (i.e., prenuptial agreement) on July 17, 1992, and married about one week later in Quebec. The Marriage Contract selected a "separate property regime pursuant to the provisions of the Civil Code of the Province of Quebec." Under the Civil Code "each spouse had … Read More about Case Update (11 May 2022): Moquin v. Bergeron; application of choice of law clause in foreign prenuptial agreement

Category iconmarital property regime,  Premarital Agreements,  prenuptial,  property

HCCH Update: Conclusions & Recommendations from First Special Commission meeting for Hague Child Support Convention

May 25, 2022

The Hague Conference on Private International Law held a meeting of the Special Commission to discuss the practical operation of the Hague Child Support Convention from May 17-19, 2022 in The Hague, Netherlands (with a hybrid option). You can review the materials discussed at the meeting … Read More about HCCH Update: Conclusions & Recommendations from First Special Commission meeting for Hague Child Support Convention

Category iconchild support,  foreign child support order,  Hague Maintenance Convention,  international maintenance,  Maintenance Convention

Case Update (29 April 2022): Krause v. Krause; U.S. military member in Europe not permitted to appear remotely in Hague Abduction case in California

May 20, 2022

On April 15, 2022, Lt. Col. Krause filed a motion in the open Hague Abduction Convention matter that he initiated, requesting that he, and his other witnesses, be permitted to appear remotely in the trial on May 25, 2022. Mrs. Krause strongly opposes such remote testimony, proffering that the … Read More about Case Update (29 April 2022): Krause v. Krause; U.S. military member in Europe not permitted to appear remotely in Hague Abduction case in California

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  remote

Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”

April 29, 2022

The Court of Appeals of Indiana concluded that the trial court committed clear error when concluding that Germany was the children's habitual residence. The parents and two U.S. citizen children lived in an apartment in Germany from 2017 to December 2020. In 2019 and 2020, the parents had "a … Read More about Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (16 March 2022): Lorenz v. Lorenz; UCCJEA returns the child, mooting the Hague Abduction Return petition

May 17, 2022

The Lorenz family has finally, it appears, ended their ongoing litigation in both a state and federal court in Michigan and a family court in Germany. In 2020, Benjamin Lorenz brought the parties' two children from Germany to Michigan to visit family. He then refused to return them on September 5, … Read More about Case Update (16 March 2022): Lorenz v. Lorenz; UCCJEA returns the child, mooting the Hague Abduction Return petition

Category iconabduction,  Child Abduction,  Hague Abduction Convention

Case Update (12 April 2022): Soberano v. Guillen; sanctions against Petitioner’s Attorney

April 18, 2022

In a very unique situation, the District Court for the Western District of Washington, imposed sanctions against Ms. F. Andrekita Silva, the lawyer who was representing the Petitioner in a Hague Abduction case. Approximately 1-2 weeks after the District Court held its evidentiary hearing in the … Read More about Case Update (12 April 2022): Soberano v. Guillen; sanctions against Petitioner’s Attorney

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  sanctions

Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm

April 18, 2022

The parties are parents to two children. Both parents and both children are Mexican nationals, and had been residing in Mexico until the Mother removed the children from Mexico and settled them in Georgia with her new husband. The parties were previously divorced, and had signed an agreement that … Read More about Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm

Category iconabduction,  Child Abduction,  Grave Risk,  Hague Abduction Convention

Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain

April 9, 2022

In late January, after the U.S. District Court for the ED Texas found that Spain was the minor child's habitual residence, it granted Mr. Garcia's request to return the parties' minor child to Spain, and the court ordered that child returned. Ms. Ramsis, however, filed a motion for a new trial, and … Read More about Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain

Category iconabduction,  Child Abduction,  Habitual Residence,  Hague Abduction Convention

Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter

April 8, 2022

In late 2020, the U.S. District Court for the District of NJ ordered the return of two children to El Salvador under the Hague Abduction Convention in JCC v. LC. If you recall that case, the court refused to hear directly from the 15 year old child. It took notice of the child's "preference" for … Read More about Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter

Category iconabduction,  Child Abduction,  child's voice,  Hague Abduction Convention,  mature child,  objection

Case Update (29 March 2022): Jack Stone v. USA; suit against senator’s office dismissed

April 3, 2022

Mr. Jack Stone's recent lawsuit against Senator Schatz and his employee has been dismissed. Mr. Stone had contacted Senator Schatz's office, and spoke with the senator's employee, Jennifer Wooten. If you recall prior blog posts, Mr. Stone previously sued the U.S. Embassy in Tokyo in the D.C. … Read More about Case Update (29 March 2022): Jack Stone v. USA; suit against senator’s office dismissed

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  ICAPRA,  Passport,  Privacy Act,  sovereign immunity

Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention

April 26, 2022

Father and Mother are Venezuelan citizens with two children. Ms. Tescari, the children's mother, removed them from their home in Venezuela and brought them to the United States in 2018. On February 20, 2019, Mr. Salame petitioned for their return under the Hague Abduction Convention. On June 10, … Read More about Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention

Category iconabduction,  asylum,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  human rights

Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

May 1, 2022

On March 23, 2022, the Court of Appeals of Texas reversed a trial court's order that required the return of two children to Israel. This is the first case I have seen since Monasky v. Taglieri that has overturned the trial judge's finding of habitual residence. Father (a former Israeli … Read More about Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

Category iconabduction,  Child Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention,  Monasky,  totality of the circumstances

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