The Family Court of New York County addressed an interesting UCCJEA case on February 1, 2021. The minor child at issue was repatriated by the U.S. Department of State from Pakistan to New York on June 26, 2020 at the age of 16 because of concerns that she had been brutally beaten and … Read More about Case Update (2021): In re Saida A; temporary absence from home state under the UCCJEA, temporary emergency jurisdiction, human rights
Case Update (2021): Thompson v. Russia, European Court of Human Rights, Hague Abduction Convention, Article 13(b) and Article 8 Right to Family Life
On March 30, 2021, the European Court of Human Rights, in Case of Thompson v. Russia, weighed in on a Hague Abduction case filed in Russia, seeking the return of a minor child to Spain. At the trial level court in Russia, the court rejected the return petition on the basis that returning the … Read More about Case Update (2021): Thompson v. Russia, European Court of Human Rights, Hague Abduction Convention, Article 13(b) and Article 8 Right to Family Life
Case Update (2021): Koivu v. Koivu; inconvenient forum under UCCJEA
In the unreported opinion of Koivu v. Koivu, the Minnesota Court of Appeals addressed the issue of whether Minnesota should decline jurisdiction over the Koivu children's custody because it was an inconvenient forum as compared to Finland. The couple lived in Minnesota for the better part of … Read More about Case Update (2021): Koivu v. Koivu; inconvenient forum under UCCJEA
Case Update (2021): FY v. JL; jurisdiction to modify a foreign child support order
In the unpublished opinion of FY v. JL, the New Jersey Superior Court Appellate Division denied a Mother's attempt to modify the parties' Chinese child support order. The parties, parents to a minor child born in China in 2006, entered into a Marital Settlement Agreement (MSA) in … Read More about Case Update (2021): FY v. JL; jurisdiction to modify a foreign child support order
Case Update (2021): Lukic v. Elezovic, motion for stay denied
On February 9, 2021, in the case of Lukic v. Elezovic, the U.S. District Court for the ED of NY ordered the minor child returned forthwith to Montenegro. However, the mother failed to return the minor child. On February 22, 2021, the trial judge held a phone conference to develop a plan to return … Read More about Case Update (2021): Lukic v. Elezovic, motion for stay denied
UK Update (2021): G v. G, interplay between asylum claim and return of a child under the Hague Abduction Convention
The UK Supreme Court heard oral argument in January 2021 in the case of G. v. G. The minor child's parents lived near one another in South Africa until February 2020. The minor child identified as lesbian, and the child's mother claims that she began experiencing persecution in South … Read More about UK Update (2021): G v. G, interplay between asylum claim and return of a child under the Hague Abduction Convention
Case Update (2021): in re matter of ICJ; not actually exercising rights of custody
On January 28, 2021, the U.S. District Court for the Eastern District of Washington denied a Father's request to return his child to France using the Hague Abduction Convention in the case of In Re Matter of ICJ (Jones v. Fairfield). The Father (Mr. Jones) has already appealed.While the trial … Read More about Case Update (2021): in re matter of ICJ; not actually exercising rights of custody
Case Update (2021): Bejarno v. Jimenez; immigration status is not dispositive in a now settled analysis
In Summer 2020, in Bejarno v. Jimenez, the U.S. District Court for the District of NJ denied a Father's request to have his son returned to Honduras on the basis that the Father had filed his Hague abduction return petition in the courts more than one year after the wrongful removal, and the child … Read More about Case Update (2021): Bejarno v. Jimenez; immigration status is not dispositive in a now settled analysis
Case Update (2021): Colcester v. Lazaro, ordering enforcement measures to ensure implementation of a return 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. This child had been the subject of a separate Hague Abduction return petition in 2018. In January 2020, Mr. Colchester … Read More about Case Update (2021): Colcester v. Lazaro, ordering enforcement measures to ensure implementation of a return order
HCCH Update (2021): Parentage and Surrogacy
The Hague Conference on Private International Law organized a meeting of an Experts Group to discuss the feasibility of a future instrument on the issues of parentage and surrogacy. This group met from February 15-17, 2021 online. You can view its report here. The group concluded … Read More about HCCH Update (2021): Parentage and Surrogacy
HCCH Update (2021): Conclusions and Decisions of the Council on General Affairs and Policy
The governing body of the Hague Conference on Private International Law, its Council on General Affairs and Policy, met from March 1-5, 2021 online. This body dictates the work of the Hague Conference. There were a few family law items on the agenda, and the Conclusions and Decisions … Read More about HCCH Update (2021): Conclusions and Decisions of the Council on General Affairs and Policy
Case Update (2021): Saada v. Golan; Mr. Saada’s Response to Ms. Golan’s Petition for Writ of Cert to the U.S. Supreme Court
On March 1, 2021, Mr. Saada filed his response to Ms. Golan's petition to the U.S. Supreme Court, where she asked the court to answer "Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures … Read More about Case Update (2021): Saada v. Golan; Mr. Saada’s Response to Ms. Golan’s Petition for Writ of Cert to the U.S. Supreme Court