The Minnesota Court of Appeals issued yet another opinion in the hotly litigated case of Cook v. Arimitsu. The facts are extremely complex, but surround a mother who took four children (2 sets of twins) to Japan in 2014, and did not return with them. Afterwards, the parents engaged in a … Read More about Case Update (2020): Cook v. Arimitsu; Recognition of Foreign Court’s Hague Abduction Order
Case Update (2020): Lopez v. Bamaca; “Actually Exercising” custody rights in the 1980 Convention
In the U.S. District Court for the District of Delaware case of Lopez v. Bamaca, decided on April 20, 2020 (C.A. No. 19-1001-LPS), the Court analyzed a Left Behind Parent's exercise of their parental rights over a child that was wrongfully removed from their habitual residence. The 1980 Hague … Read More about Case Update (2020): Lopez v. Bamaca; “Actually Exercising” custody rights in the 1980 Convention
UK Update: Family Courts and Child Abduction in the Time of Corona (GUEST BLOGGER)
From Guest Blogger, James Netto of Dawson Cornwell in LondonAbduction in times of coronaMuch to the ire of certain abducting parents, it is still business (almost) as usual for the High Court of Justice in London. Although the UK is on lockdown preventing people from leaving home bar in very … Read More about UK Update: Family Courts and Child Abduction in the Time of Corona (GUEST BLOGGER)
Case Update (2020): In re Marriage of Inoue; International Relocation of a Minor Child
In an unpublished appellate opinion on March 27, 2020, the Court of Appeal of the State of California (2nd Appellate District, Division 2) affirmed a mother’s request to relocate her child to Japan. In re Marriage of Inoue (B289261 c/w B290642, Cal. App. 2020), had the child’s father appealing … Read More about Case Update (2020): In re Marriage of Inoue; International Relocation of a Minor Child
Case Update (2020): Joya v. Gonzalez; Fees in 1980 Convention Cases
The U.S. District Court for the Eastern District of Louisiana issued an order on April 17, 2020 (Civil Action No. 20-236 Section M (5)) in the case of Joya v. Gonzalez fixing the fees due to Mr. Orellana Joya, the petitioner father who secured a return order of his child to Honduras. In the … Read More about Case Update (2020): Joya v. Gonzalez; Fees in 1980 Convention Cases
HCCH Update: Evidence Convention – New Guide on Use of Video-Link
On April 16, 2020, the Hague Conference on Private International Law published its newest Guide to Good Practice under the Evidence Convention. This publication looks at the development of video-links in taking evidence overseas using the Evidence Convention. It outlines good practices … Read More about HCCH Update: Evidence Convention – New Guide on Use of Video-Link
HCCH Update: Article 13(b) Guide is now available
The Hague Conference on Private International Law published its much anticipated Guide to Good Practice on Article 13(b) of the 1980 Hague Child Abduction Convention. This guide provides guidance to attorneys, judges, and governments on the application of the grave risk of harm exception to … Read More about HCCH Update: Article 13(b) Guide is now available
Case Update (2020): Monasky v. Taglieri; Habitual Residence under the 1980 Convention
On February 25, 2020, the U.S. Supreme Court affirmed the opinion of the U.S. Court of Appeals for the Sixth Circuit, which concluded that Italy was the habitual residence of an infant that was brought from Italy to Ohio by her mother in 2015, shortly after the child was born. This opinion resolved … Read More about Case Update (2020): Monasky v. Taglieri; Habitual Residence under the 1980 Convention
Case Update (2020): In re. Mariani; Discovery for a Foreign Proceeding – In Re. Mariani
The U.S. District Court for the Southern District of New York issued an opinion in In Re. Mariani (20 Misc. 152) on April 16, 2020 where it granted Lorenzo Mariani's petition under 28 U.S.C. 1782 to serve a subpoena duces tecum on Citibank, N.A. to obtain documents to use in his divorce proceeding … Read More about Case Update (2020): In re. Mariani; Discovery for a Foreign Proceeding – In Re. Mariani