On July 22, 2021, the State of Michigan Court of Appeals affirmed the trial court's dismissal of Upadhyay's divorce complaint in the Michigan family courts. On June 10, 2019, Dwivedi filed a petition for divorce in India, where the parties had married. Upadhyay left India and returned to … Read More about Case Update (2021): Upadhyay v. Dwivedi; simultaneous divorce actions
Case Update (2021): Jacquety v. Baptista, prevailing respondent seeking reimbursement of costs in Hague Abduction case
On May 11, 2021, in the case of Jacquety v. Baptista, the U.S. District Court for the Southern District of New York denied Mr. Jacquety's request to have his child returned to Morocco under the Hague Abduction Convention. On July 19, 2021, the court addressed Ms. Baptista's request for costs … Read More about Case Update (2021): Jacquety v. Baptista, prevailing respondent seeking reimbursement of costs in Hague Abduction case
Case Update (2021): Ho v. Ho; Hague Abduction; habitual residence of infant under Monasky
On July 12, 2021, the U.S. District Court for the ND of Illinois ordered the return of the Mr. and Mrs. Ho's child to New Zealand. The parties are both permanent residents of New Zealand. Petitioner Father is a citizen of Taiwan, and Respondent Mother is a citizen of the United States. In 2016, … Read More about Case Update (2021): Ho v. Ho; Hague Abduction; habitual residence of infant under Monasky
Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
On February 26, 2021, the U.S. District Court for the W. District of Washington granted Mr. Colchester's request to have his child returned to Spain. When the court issued its return order, it included the following language, ordering Mr. Colchester to "facilitate daily electronic communications … Read More about Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner
On July 7, 2021, the U.S. District Court for the District of Maryland denied Mr. Hart's request for attorney fees on the papers. On November 22, 2019, Mr. Hart had successfully secured the return of his minor children to France using the Hague Abduction Convention. The parties met in Mali in … Read More about Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner
Case Update (2021): U.S. v. Helbrans, Rosner, et. al.; international kidnapping; Hague Convention
The Defendants are members of a Jewish religious community, Lev Tahor. Defendant Nachman Helbrans is the leader of this community. In October 2018, Helbrans' sister left the community in Guatemala with her six children and relocated to the United States. In November 2018, she obtained a … Read More about Case Update (2021): U.S. v. Helbrans, Rosner, et. al.; international kidnapping; Hague Convention
Case Update (2021): Sain v. Sain; habitual residence, return to signatory only
On July 2, 2021, the U.S. District Court for the Middle District of Florida denied Ms. Sain's request to have her children returned to England under the Hague Abduction Convention. Ms. Sain is Filipino and Mr. Sain is American. They are parents to two children. Their first child was born in … Read More about Case Update (2021): Sain v. Sain; habitual residence, return to signatory only
Case Update (2021): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping
On July 1, 2021, the Texas Court of Appeals issued a substitute opinion, affirming its prior disposition, in the case of Mr. Christopher Brann and his former in-laws, the Guimaraeses. This case has a long and storied history. It emanates from a parental kidnapping of Mr. Brann's son by his … Read More about Case Update (2021): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping
Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
On June 30, 2021, the Court of Appeals of Iowa affirmed the trial court's dismissal of Ms. Pitcairn's petition for marriage dissolution on the basis of forum non conveniens. Ms. Pitcairn and Mr. Renaud married in France in 2005, lived most of their marriage in France, Mr. Renaud is French and Ms. … Read More about Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
Case Update (2021): In re. J.T., CINA, due process for overseas parent in termination of rights case
The Maryland Court of Special Appeals issued an unreported opinion on June 28, 2021 in the case of In re. J.T. J.T. is a young child, born in 2016, and removed from her mother's care a few days after birth. Her mother is a Maryland resident, and J.T. was born in Maryland. J.T.'s father was, and … Read More about Case Update (2021): In re. J.T., CINA, due process for overseas parent in termination of rights case
Case Update (2021): Al Saidi v. US Embassy Djibouti; Derivative U.S. citizenship for children born overseas to a U.S. citizen parent
On June 18, 2021, the U.S. District Court for the EDNY issued a memorandum opinion confirming its oral ruling from June 16th, where the judge denied Mr. Al Saidi's motion to issue a temporary restraining order that directed the U.S. Embassy in Djibouti to adjudicate his application for his two … Read More about Case Update (2021): Al Saidi v. US Embassy Djibouti; Derivative U.S. citizenship for children born overseas to a U.S. citizen parent
Case Update (2021): Nowlan v. Nowlan, interplay of multiple proceedings in 2 countries
On June 10, 2021, the U.S. District Court for the W.D.Va. granted Bryce Nowlan's request to have his daughter AEN returned to Canada using the Hague Abduction Convention. The child is the subject of competing custody cases in Virginia and Canada, and was already the subject of a prior Hague … Read More about Case Update (2021): Nowlan v. Nowlan, interplay of multiple proceedings in 2 countries