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
Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
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
Case Update (23 June 2022): Safdar v. Aziz; best interests and international relocation; becoming a treaty “party” under the Hague Abduction Convention
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
DOS Update (17 June 2022): Annual ICAPRA Compliance Report is published
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
Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional
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
Case Update (18 March 2022): Liebetreu v. Liebetreu; child abduction prevention; abuse of discretion on appeal
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
Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors
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
Case Update (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction
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
Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
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
Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures
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
Case Update (12 Nov 2021): Matrai v. Hiromoto; abstention; abduction prevention
In an unpublished opinion, the Ninth Circuit affirmed dismissal of Mr. Matrai's suit that he filed against the family court judge that put in place child abduction prevention measures. Judge Hiromoto issued a $5,000,000 bond before Mr. Matrai could see his son to prevent the child from being … Read More about Case Update (12 Nov 2021): Matrai v. Hiromoto; abstention; abduction prevention
Events Update: Upcoming International Family Law Events
There are some amazing upcoming International Family Law events that you might want to join. September 24, 2021 at 12 p.m. ET International Parental Child Abduction Resources For The Practicing Lawyer: Join the NYSBA for a free informal chat with Preston Findlay, Esquire of the National … Read More about Events Update: Upcoming International Family Law Events