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abduction prevention

DOS Update (3 May 2023): Annual ICAPRA Compliance Report is Published

May 3, 2023

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 (3 May 2023): Annual ICAPRA Compliance Report is Published

Category iconabduction,  abduction prevention,  Child Abduction,  Hague Abduction Convention

Case Update (12 Jan 2023): In re Marriage of Badawiyeh; UCAPA requires a consideration of all risk factors, and court may not rely on only the fact that a country is not a Convention partner with US to impose travel restrictions

January 31, 2023

Two parents engaged in a divorce and custody matter in Colorado. In the proceeding, the father sought to travel to the UAE with their children. The father and children have Jordanian and U.S. passports, and father has relatives in Dubai, where the family regularly traveled during the marriage. … Read More about Case Update (12 Jan 2023): In re Marriage of Badawiyeh; UCAPA requires a consideration of all risk factors, and court may not rely on only the fact that a country is not a Convention partner with US to impose travel restrictions

Category iconabduction prevention,  Hague Abduction Convention,  UCAPA

DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction

September 20, 2022

On September 13, 2022, the U.S. Department of State issued its annual "action report" outlining the specific actions that the U.S. government has taken with regard to the countries it listed in its June 2022 compliance report. Learn more about the compliance report and read it here. Included in … Read More about DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction

Category iconabduction,  abduction prevention,  Child Abduction,  compliance,  Department of State,  Hague Abduction Convention

Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children

August 2, 2022

This summary is a little longer because it is the first case where I have seen Golan v. Saada cited and applied in a Hague Abduction Convention case since the Supreme Court opinion on June 15, 2022. As a quick note, Petitioner put forth evidence of ameliorative measures, the court did consider … Read More about Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children

Category iconabduction,  abduction prevention,  ameliorative measures,  Child Abduction,  Grave Risk,  Hague Abduction Convention

Case Update (23 June 2022): Safdar v. Aziz; best interests and international relocation; becoming a treaty “party” under the Hague Abduction Convention

July 7, 2022

The parties are parents to one child, born on January 1, 2016. In December 2016, the parties divorced in Michigan. The Father lives in Maryland and the Mother in Michigan. The divorce decree included an agreement for the parties to share joint legal custody, Mother (Aziz) to have sole physical … Read More about Case Update (23 June 2022): Safdar v. Aziz; best interests and international relocation; becoming a treaty “party” under the Hague Abduction Convention

Category iconabduction,  abduction prevention,  accession,  Child Abduction,  Hague Abduction Convention,  ratification

DOS Update (17 June 2022): Annual ICAPRA Compliance Report is published

June 18, 2022

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 (17 June 2022): Annual ICAPRA Compliance Report is published

Category iconabduction,  abduction prevention,  Child Abduction,  compliance,  Hague Abduction Convention,  ICAPRA

Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional

June 16, 2022

On June 1, 2022, the U.S. District Court for the SD of Florida denied Mr. Olajide's request for an immediate hearing to obtain a preliminary injunction. From a review of Mr. Olajide's Complaint, it appears that he is a Nigerian national, residing in Florida (Miami-Dade). He is suing a variety of … Read More about Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional

Category iconabduction,  abduction prevention,  Child Abduction,  Child Custody,  constitutional,  custody,  due process,  UCCJEA

Case Update (18 March 2022): Liebetreu v. Liebetreu; child abduction prevention; abuse of discretion on appeal

April 12, 2022

Gehlen (Father) and Sandra (Mother) were married in 2014 in Germany, as Father was a U.S. military member serving overseas. In 2015, the parents moved to the United States, first to Ohio where their two children were born, and then to Tennessee in March 2019, where their marriage, unfortunately, … Read More about Case Update (18 March 2022): Liebetreu v. Liebetreu; child abduction prevention; abuse of discretion on appeal

Category iconabduction,  abduction prevention,  Hague Abduction Convention

Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

March 29, 2022

The Nikolenko family is embroiled in simultaneous lawsuits in Texas and Russia. The family had been living in Katy, Texas, with Luiza listed as a dependent on Dmitry's work visa. In 2014, Dmitry's employer transferred him to Brunei for 3-years. The family contemplated a return to Texas, so they … Read More about Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

Category iconabduction prevention,  comity,  divorce,  due process,  foreign divorce,  notice

Case Update (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction

January 18, 2022

Almost one year to the day, the Court of Appeals of Texas reversed and remanded its prior decision in the matter of Cortez v. Cortez. On December 29, 2020, the court had affirmed a trial judge, who had concluded Texas no longer had continuing, exclusive jurisdiction under the UCCJEA over the … Read More about Case Update (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction

Category iconabduction,  abduction prevention,  Child Abduction,  continuing exclusive jurisdiction,  UCCJEA

Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA

December 9, 2021

The minor child at issue, SL, is currently living with her aunt and uncle in the Netherlands. In 2008, the child's mother passed away, and the father remarried. In May 2011, a Dutch family court granted parental authority of the child to the child's father and stepmother. The three proceeded to … Read More about Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA

Category iconabduction,  abduction prevention,  Child Abduction,  Habitual Residence,  Hague Abduction Convention,  mature child,  UCCJEA

Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures

December 2, 2021

Jeffrey and Yuko are the parents to two children. Jeffrey and the children resided in Illinois, and Yuko resided in Japan. In the parties' 2013 custody order, the children were permitted summer access with their mother in Japan if three conditions were met: (1) Japan became a signatory to the … Read More about Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures

Category iconabduction prevention,  covid-19,  modification

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