In December 2021, the Mother brought the parties’ two children to Texas for a holiday. She recalls telling the Father, at Heathrow Airport, that she needed to be away until she becomes well, and that she may potentially not return. She had recently suffered a mental breakdown. Both parents … Read More about Case Update (18 April 2023): Maduhu v. Maduhu; Father did not acquiesce and children are therefore returned to the UK under the Hague Abduction Convention
Case Update (18 April 2023): Figueredo v. Rojas; Child is now settled, and therefore will not be returned pursuant to Father’s Hague Abduction Convention return request
On April 18, 2023, the U.S. District Court for the MD of Florida denied Mr. Figueredo’s request to return his minor child to Venezuela. The parties stipulated to the Father’s prima facie case of wrongful removal. At trial, Mother argued that returning the child to Venezuela would expose the child … Read More about Case Update (18 April 2023): Figueredo v. Rojas; Child is now settled, and therefore will not be returned pursuant to Father’s Hague Abduction Convention return request
Case Update (12 April 2023): Saavedra v. Montoya; abuse of the Taking Parent was insufficient to prove a grave risk to the child
Petitioner Father sought the return of his minor child to Colombia after the Respondent Mother wrongfully retained the child from Colombia in New York. The only issue at trial in May 2022 was whether it would expose the child to a grave risk of harm to return the child to Colombia. The parents … Read More about Case Update (12 April 2023): Saavedra v. Montoya; abuse of the Taking Parent was insufficient to prove a grave risk to the child
Thank you to Professor Linda Silberman
Today's blog post is particularly significant. Not only is the Family Law Across Borders blog turning 3 years old today, but it is doing so in style. Today marks a celebration of an extraordinary lawyer who has contributed greatly to the field of international family law - Professor Linda … Read More about Thank you to Professor Linda Silberman
Case Update (5 April 2023): SC v. RN; Parent’s abduction of child to India was a factor in the court’s division of marital assets
On November 10, 2022, a few weeks after a forensic evaluation in a pending New York Family Court divorce and custody case, a Mother abducted her child from New York to India. Her NY lawyer withdrew from representation, and the court issued a variety of orders, including a contempt order, an arrest … Read More about Case Update (5 April 2023): SC v. RN; Parent’s abduction of child to India was a factor in the court’s division of marital assets
Case Update (6 April 2023): Radu v. Shon; Petitioner requests D.Ct. to keep its temporary stay, asks Supreme Court to issue a stay, on return order
On March 13, 2023, the Ninth Circuit Court of Appeals affirmed an order of the District Court requiring the return of the Radu-Shon children to Germany. On April 4, 2023, Petitioner filed an application for stay of the return of the children and disposition of a petition for writ of certiorari … Read More about Case Update (6 April 2023): Radu v. Shon; Petitioner requests D.Ct. to keep its temporary stay, asks Supreme Court to issue a stay, on return order
Case Update (30 Jan 2023): Mullaji v. Mollagee; in determining whether to recognize a foreign marriage, a court looks to the law of the place it is contracted
Husband (an Indian Citizen residing in the U.S. on an H1-B visa) and Wife (a South African citizen) married in South Africa in January 2012 in a Muslim ceremony. In 2013, Wife joined her Husband in the U.S. on an H-4 visa. That same year, the Husband sought U.S. permanent residency (based on … Read More about Case Update (30 Jan 2023): Mullaji v. Mollagee; in determining whether to recognize a foreign marriage, a court looks to the law of the place it is contracted
Case Update (19 Jan 2023): In Re. Ajaj; Penn. law permits private criminal complaints, but must be approved by prosecutor; burden to overturn disapproval is high
The Supreme Court of Pennsylvania addressed an interesting point of Pennsylvania law. In Pennsylvania, the law permits private citizens to file criminal complaints against other persons, but, before proceeding, the private criminal complaint must be submitted to a Commonwealth Attorney (prosecutor) … Read More about Case Update (19 Jan 2023): In Re. Ajaj; Penn. law permits private criminal complaints, but must be approved by prosecutor; burden to overturn disapproval is high
Case Update (13 March 2023): Radu v. Shon; 9th circuit affirms return of 2 children to Germany in post-Golan Abduction Convention case
The 9th Circuit Court of Appeals, on a third appeal in the case of Radu v. Shon, affirmed the trial court's return order for two minor children to Germany. The case has a lengthy procedural history, including the U.S. Supreme Court remanding it given the Golan v. Saada opinion in June 2022. The … Read More about Case Update (13 March 2023): Radu v. Shon; 9th circuit affirms return of 2 children to Germany in post-Golan Abduction Convention case
Case Update (7 Mar 2023): RBKC v. Bafna-Louis; Standing to bring return petition by institution claiming a right of custody, mature child objection in un-transcribed interview
The Royal Borough of Kensington and Chelsea (RBKC), who was the guardian of two minor children after child protection proceedings, brought a Hague Abduction return petition in the Southern District of New York against the children's mother. The Court confirmed that RBKC had standing under Article 8 … Read More about Case Update (7 Mar 2023): RBKC v. Bafna-Louis; Standing to bring return petition by institution claiming a right of custody, mature child objection in un-transcribed interview
Case Update (23 Feb 2023) : Fairbank v. IRS; failure to report foreign trust where child support was deposited will create problems
Mrs. Fairbank was assessed fees and penalties for failure to report certain foreign assets. The foreign assets were bank accounts that reflected her as the beneficial owner. One was a UBS account in Switzerland and another, funded from the UBS account, was a NPB account in Dubai, UAE. Mrs. … Read More about Case Update (23 Feb 2023) : Fairbank v. IRS; failure to report foreign trust where child support was deposited will create problems
Case Update (28 Feb 2023): Hernandez v. Erazo; 2-year-old returned to Mexico; Petitioner’s consent was conditioned on him remaining in a relationship with Mother and near child
Petitioner Father seeks the return of the parties' 2-year-old child by filing a petition for return under the Hague Abduction Convention in the Western District of Texas on October 19, 2022. He alleged that the child was removed from its habitual residence of Mexico on or about October 9, 2021. The … Read More about Case Update (28 Feb 2023): Hernandez v. Erazo; 2-year-old returned to Mexico; Petitioner’s consent was conditioned on him remaining in a relationship with Mother and near child