The Defendant in this criminal matter is the father of the minor child at issue. Pursuant to a NJ Family Court order from May 2017, the father had sole custody of the child. The mother had no delineated access schedule (only access "as agreed by the parties"). In July 2017, the father and son … Read More about Case Update (18 Feb 2022): U.S. v. Patel; federal parental kidnapping and the need for clearly written custody orders
Case Update (10 Nov 2021): Dawson v. Dylla; Hague Abduction access; Younger abstention
The Tenth Circuit issued an opinion in the case of Dawson v. Dylla. Mr. Dawson appealed the U.S. District Court's order that dismissed his Hague Abduction access petition with prejudice. The Tenth Circuit vacated and remanded with directions to dismiss his petition without prejudice. After … Read More about Case Update (10 Nov 2021): Dawson v. Dylla; Hague Abduction access; Younger abstention
Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
On February 26, 2021, the U.S. District Court for the W. District of Washington granted Mr. Colchester's request to have his child returned to Spain. When the court issued its return order, it included the following language, ordering Mr. Colchester to "facilitate daily electronic communications … Read More about Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
Case Update (2021): Dawson v. Dylla; Hague access request
Most practitioners focus heavily on the language in the Hague Abduction Convention that relates to returning a wrongfully removed or retained child to that child's habitual residence. Very rarely do we see Article 1(b) of the Hague Abduction Convention invoked in U.S. courts. This article states … Read More about Case Update (2021): Dawson v. Dylla; Hague access request
Case Update (2020): Matrai v. Hiramoto; Younger abstention, suit against family court judge for abduction prevention measures, access rights under Hague Abduction Convention
A father, Gyorgy Matrai, sued his California family court judge in the U.S. District Court for the ND California for ordering a bond of $5 million before Mr. Matrai could see his son. Mr. Matrai argues that the bond violates his, and his son's, substantive due process rights under the 14th … Read More about Case Update (2020): Matrai v. Hiramoto; Younger abstention, suit against family court judge for abduction prevention measures, access rights under Hague Abduction Convention