Guest Blog Post: Max Blitt, KC (Calgary, Alberta, Canada) On November 29, 2022, the Court of King’s Bench in Lethbridge, Alberta in M v I Action #4806-022768 (unreported-publication ban) permitted a Mother (“I”) to permanently relocate her two children A (5 years of age) … Read More about Canada Update: Relocation permitted from Alberta to Florida (Guest Blogger: Max Blitt, KC)
Case Update (18 Oct 2022): Gray v. Gray; burden of proof is on parent seeking to relocate the child
The Grays were before the Idaho Supreme Court on a case where Ms. Gray unilaterally relocated the parties' son to Costa Rica. The parties had an Idaho consent custody order that provided for Mr. Gray, who was living away from Idaho (Wyoming, then Utah, and then Wyoming again), to have certain … Read More about Case Update (18 Oct 2022): Gray v. Gray; burden of proof is on parent seeking to relocate the child
Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof
On January 7, 2022, the First Circuit affirmed the U.S. District Court for the District of Massachusetts's return of Mr. Vieira's 7-year-old son from Massachusetts to Brazil. Ms. De Souza argued, on appeal, that the court erred when it concluded that the grave risk exception did not apply and in … Read More about Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof
Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention
In the case of Colon v. Mejia Montufar, the U.S. District Court denied the Father’s request to return his minor child to Guatemala. The parties had stipulated that the Father met his burden of presenting a prima facie case of wrongful removal, but the Mother presented two exceptions to … Read More about Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention
Case Update (2020): Bejarno v. Jimenez; Hague Abduction Convention, “now settled”
The case of Bejarno v. Jimenez denied the Petitioner Father’s request to return his child to Honduras using the Hague Abduction Convention. The court’s analysis hinged on the "now settled" exception. The court concluded that the Respondent Mother removed the parties’ child to the United … Read More about Case Update (2020): Bejarno v. Jimenez; Hague Abduction Convention, “now settled”
Case Update (2020): Berenguela-Alvarado v. Castanos-I; Hague Abduction Convention, burden of proof, consent exception
Shortly before the entire world came to a halt because of the coronavirus, the Eleventh Circuit issued an opinion that should serve as a clear reminder on best practices when arguing a Hague Abduction matter. In Berenguela-Alvarado v. Castanos-I, the parties’ minor child, who had lived … Read More about Case Update (2020): Berenguela-Alvarado v. Castanos-I; Hague Abduction Convention, burden of proof, consent exception
Case Update (2020): Joya v. Gonzalez; Attorney Fees and Costs in 1980 Convention Cases
Over the past few months, there have been several cases that have addressed the issue of legal fees and costs to be paid by a Taking Parent as part of a successful return order under the Hague Abduction Convention. The International Child Abduction Remedies Act includes a fee-shifting … Read More about Case Update (2020): Joya v. Gonzalez; Attorney Fees and Costs in 1980 Convention Cases
Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
On April 23, 2020, the U.S. District Court for the Western District of Michigan (Southern Division) issued an opinion on remand from the 6th Circuit in the case of Moreno v. Zank (No. 1:17-cv-732) to pinpoint the moment in time when the minor child was wrongfully retained by her father in … Read More about Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
Case Update (2020): Raia v. Pompeo; Minor Child’s Passport Issuance and its interplay with the 1980 Convention and COVID-19
Mr. Joseph Raia sued the U.S. Secretary of State and the U.S. Department of State requesting an immediate issuance of a new passport for his 10 year old son who is presently located in Italy and is the subject of a Hague Abduction return proceeding in that country. The minor child’s passport, … Read More about Case Update (2020): Raia v. Pompeo; Minor Child’s Passport Issuance and its interplay with the 1980 Convention and COVID-19
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