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Actually Exercising

Case Update (17 Oct 2022): Poix v. Santana; father was actually exercising his custody rights, and the children are ordered returned

October 27, 2022

The U.S. District Court for the SDNY ordered two minor children, who had been born in NY, but had lived their entire lives with their parents in the Dominican Republic, back to their habitual residence. The children's mother had moved the children from Santo Domingo to Santiago about 7 months after … Read More about Case Update (17 Oct 2022): Poix v. Santana; father was actually exercising his custody rights, and the children are ordered returned

Category iconabduction,  Actually Exercising,  Child Abduction,  Hague Abduction Convention

Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody

September 12, 2022

On August 26, 2022, the U.S. District Court for the D. of Colorado denied Mr. Livingstone's request to return his children to Australia. The parties married in Las Vegas in February 2015 and had a child. When their child was 3-months old in February 2017, they traveled to Australia. They lived a … Read More about Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody

Category iconabduction,  Actually Exercising,  Child Abduction,  custody rights,  Hague Abduction Convention,  protection order,  Right of Custody,  rights of custody

Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies

September 21, 2021

On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies

Category iconabduction,  Actually Exercising,  ameliorative measures,  Child Abduction,  covid-19,  Grave Risk,  Hague Abduction Convention,  pandemic,  undertakings

Case Update (2021): in re matter of ICJ; not actually exercising rights of custody

March 18, 2021

On January 28, 2021, the U.S. District Court for the Eastern District of Washington denied a Father's request to return his child to France using the Hague Abduction Convention in the case of In Re Matter of ICJ (Jones v. Fairfield).  The Father (Mr. Jones) has already appealed.While the trial … Read More about Case Update (2021): in re matter of ICJ; not actually exercising rights of custody

Category iconActually Exercising,  Child Abduction,  coronavirus,  covid-19,  Hague Abduction Convention,  Right of Custody

Case Update (2020): Lopez v. Bamaca; “Actually Exercising” custody rights in the 1980 Convention

April 27, 2020

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

Category icon1980 Convention,  Abandonment,  Actually Exercising,  Burden,  Case Update,  Child Abduction,  Right of Custody

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