January 10, 2023 at 3 p.m. ET: California Lawyers Association: Introduction to the Hague Convention on Child Abduction (California MCLE Credit) January 17, 2023 at 11 a.m. ET: ABA International Law Section: Annual Year-in-Review legal updates from U.S. and UK (free) January 24 & 25, 2023 … Read More about Event Updates (2023 January): Join these International Family Law Events in January 2023
Annual Year in Review Webinar Recording
Each January, the ABA International Law Section hosts its annual International Family Law Year-in-Review webinar, providing the past year's top updates from the United States and England. On January 18, 2022, Melissa Kucinski and James Netto took everyone on a journey of the most fascinating, and, … Read More about Annual Year in Review Webinar Recording
Case Update (2021): In re Marriage of BK & LS; international relocation
In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary. The order had a variety of "measures" in it that were intended to ensure the California order's enforcement. The … Read More about Case Update (2021): In re Marriage of BK & LS; international relocation
Case Update: ABA Year-in-Review Update
The American Bar Association's International Law Section will host a free webinar on February 10th at 11 a.m. ET. During this hour-and-a-half webinar, join Melissa Kucinski of MK Family Law and James Netto of the International Family Law Group as they take … Read More about Case Update: ABA Year-in-Review Update
Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits
Dr. Hil Rizvi appeals a trial court order dismissing his complaint against a Massachusetts social service agency, a Maryland social service agency, and two separate Swiss governmental agencies. The Third Circuit Court of Appeals affirmed the dismissal on September 25, 2020. Rizvi is the father of … Read More about Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits
Case Update (2020): Biagioli Da Silva v. Vieira; Hague Abduction Convention – Right of Custody
The case of Biagioli Da Silva et. al. v. Vieira is, in most respects, a run-of-the-mill Hague Abduction return proceeding. The parents and children were all Brazilian nationals. The parents separated, divorced, and shared custody in Brazil. The Father, Biagioli Da Silva, ran into … Read More about Case Update (2020): Biagioli Da Silva v. Vieira; Hague Abduction Convention – Right of Custody
Case Update (2020): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping
In the continuing saga of Chris Brann and the Guimaraes Family, the Court of Appeals for the First District of Texas accelerated Chris' interlocutory appeal, and ultimately dismissed the Guimaraes' civil suit against him. This family has been through a significant volume of litigation, … Read More about Case Update (2020): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping
Case Update (2020): Valles Rubio v. Veintimilla Castro; Grave Risk in Hague Abduction Case, and ameliorative measures
On May 11, 2020, the Second Circuit Court of Appeals affirmed the return of a minor child to Ecuador in the case of Valles Rubio v. Veintimilla Castro, 813 Fed.Appx. 619 (2020). The key issue on appeal revolved around the grave risk of harm to the minor child if returned to Ecuador, and … Read More about Case Update (2020): Valles Rubio v. Veintimilla Castro; Grave Risk in Hague Abduction Case, and ameliorative measures
Case Update (2020): Forcelli v. Smith; Hague Abduction, Habitual Residence
On August 25, 2020, the U.S. District Court for the District of Minnesota ordered a minor child returned to Germany in the case of Forcelli v. Smith under the Hague Abduction Convention. The key issue was whether Germany was the child's habitual residence. In or about August 2019, the … Read More about Case Update (2020): Forcelli v. Smith; Hague Abduction, Habitual Residence
Case Update (2020): Smith v. Smith; Application of Monasky “Totality of the Circumstances” Habitual Residence Test
The U.S. Court of Appeals for the Fifth Circuit recently had the opportunity to apply the Monasky v. Taglieri habitual residence test in the case of Smith v. Smith. The parents and children, all U.S. citizens, were residing in Argentina, when the mother traveled with the children to Texas … Read More about Case Update (2020): Smith v. Smith; Application of Monasky “Totality of the Circumstances” Habitual Residence Test
Case Update (2020): Da Silva v. De Aredes; Hague Abduction Convention, Return Orders cannot resolve custody
Just before I started this blog, the U.S. Court of Appeals for the First Circuit issued an opinion in the case of Da Silva v. De Aredes (953 F.3d 67 (March 13, 2020)). There were a few issues that the Respondent Mother (de Aredes) argued on appeal, but ultimately the court affirmed the U.S. … Read More about Case Update (2020): Da Silva v. De Aredes; Hague Abduction Convention, Return Orders cannot resolve custody
Case Update (2020): Radu v. Shon; Hague Abduction Convention and the Grave Risk of Harm
On September 16, 2020, the U.S. District Court for the District of Arizona returned the parties' children to their habitual residence of Germany. In the case of Radu v. Shon, the Respondent Mother (Shon) conceded that her removal of the children from Germany in June 2019 was wrongful. … Read More about Case Update (2020): Radu v. Shon; Hague Abduction Convention and the Grave Risk of Harm