On April 23, 2020, the U.S. District Court for the Western District of Michigan (Southern Division) issued an opinion on remand from the 6th Circuit in the case of Moreno v. Zank (No. 1:17-cv-732) to pinpoint the moment in time when the minor child was wrongfully retained by her father in … Read More about Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
DOS Update: New ICAPRA Report Out
The U.S. Department of State issues a yearly "compliance" report, as mandated by Congress, that visits outstanding child abduction cases from the United States to other countries and explores some of the underlying reasons behind why certain cases remain unresolved. The report includes both … Read More about DOS Update: New ICAPRA Report Out
Case Update (2020): Kwon v. Park; Divorce, Simultaneous Proceedings, and Forum-Shopping
The Court of Appeal of the State of California (4th Appellate District - Division 3) issued an unpublished opinion on April 24, 2020 in Kwon v. Park (G057226) addressing a variety of issues in a couple’s multi-jurisdictional divorce. Ms. Kwon and Mr. Park are embroiled in divorce … Read More about Case Update (2020): Kwon v. Park; Divorce, Simultaneous Proceedings, and Forum-Shopping
HCCH Update: COVID-19 Toolkit
The Hague Conference published a document that pinpoints its resources for those working on private international law issues during the covid-19 pandemic. The toolkit can be found at this link. When reviewing the document, you can click on links that will divert you to places on the … Read More about HCCH Update: COVID-19 Toolkit
Case Update (2020): Gallegos v. Garcia Soto; 1980 Convention, Grave Risk, Return Stayed due to COVID-19
On April 30, 2020, the US District Court for the Western District of Texas Austin Division issued an order in the case of Gallegos v. Garcia Soto returning the parties’ minor child to Mexico. The court, which took evidence in early March took the further step of staying its return order … Read More about Case Update (2020): Gallegos v. Garcia Soto; 1980 Convention, Grave Risk, Return Stayed due to COVID-19
Case Update (2020): Raia v. Pompeo; Minor Child’s Passport Issuance and its interplay with the 1980 Convention and COVID-19
Mr. Joseph Raia sued the U.S. Secretary of State and the U.S. Department of State requesting an immediate issuance of a new passport for his 10 year old son who is presently located in Italy and is the subject of a Hague Abduction return proceeding in that country. The minor child’s passport, … Read More about Case Update (2020): Raia v. Pompeo; Minor Child’s Passport Issuance and its interplay with the 1980 Convention and COVID-19
India Update: Implications of the Lockdown on Family Cases in India (GUEST BLOGGER)
From Guest Blogger, Subham Jain in Delhi, IndiaImplications of Lockdown on Family Law Cases in Indian Jurisdiction: Present & FutureWhile many are enjoying the time being spent with the families, there are many who are facing difficulty in keeping intact their marital cord. There is a tremendous … Read More about India Update: Implications of the Lockdown on Family Cases in India (GUEST BLOGGER)
Case Update (2020): Nouri v. Dadgar; Religious Marriage Contracts – Enforceability of Mahr
Maryland's Court of Special Appeals (its intermediate appellate court) issued an opinion on April 7, 2020 that addressed the issue of the enforceability of Islamic marriage contracts in two separate, yet consolidated, cases.Nouri v. Dadgar and Ghazirad v. Mojarrad set forth the premise that … Read More about Case Update (2020): Nouri v. Dadgar; Religious Marriage Contracts – Enforceability of Mahr
Case Update (2020): Cook v. Arimitsu; Recognition of Foreign Court’s Hague Abduction Order
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