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
Case Update (26 August 2022): Livingstone v. Livingstone; 5-year foreign protection order meant Petitioner had no right of custody
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
Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
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
Case Update (2021): in re matter of ICJ; not actually exercising rights of custody
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
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