The parties are the biological parents of one child, born in August 2018. The Petitioner Mother also had two older children (not part of this case). The parents met and married in Brazil. The Respondent Father was on a temporary contract and was going to be moving for similar … Read More about Case Update (2 February 2023): Argueta v. Argueta-Ugalde; a child moved frequently was found to be habitually resident in Brazil, which was the “only constant” in the child’s life
Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there
Petitioner Father's request to return the parties' two minor children to Canada was denied after a 2-day evidentiary hearing in the U.S. District Court for the M.D. of Florida, an in-camera interview of the children, and written closing arguments. The family had lived in Florida for a significant … Read More about Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there
Case Update (21 Feb 2023): Dos Santos v. Argueta-Ugalde; a stay should not be a matter of course pending an appeal of an order returning a child to habitual residence
This case illustrates a common occurrence in Hague Abduction Convention litigation in the United States. When a court orders the return of a minor child to their habitual residence, the Respondent Parent routinely requests an immediate stay of that return order. The U.S. District Court for the ED … Read More about Case Update (21 Feb 2023): Dos Santos v. Argueta-Ugalde; a stay should not be a matter of course pending an appeal of an order returning a child to habitual residence
Case Update (9 Feb 2023): Castang v. Kim; a child’s habitual residence is a country, and not with a parent
The parties are the joint legal custodians of the parties' child, age 4 and born in France. The primary residence of the child is fixed with the Respondent Mother through a French court order. A French court order also instituted a travel ban, preventing the Mother from removing the child from … Read More about Case Update (9 Feb 2023): Castang v. Kim; a child’s habitual residence is a country, and not with a parent
Case Update (3 February 2023): Efthymiou v. Labonte; Autistic Child was not sufficiently mature after the court concluded he was parroting his mother’s views on him remaining in CA
The parties’ 12-year-old child had lived with Petitioner Father in Cyprus under a court order since the parties’ divorce in 2014, which granted the Father sole custody. Because of the Father’s job, he would often return home very late, which routinely left the child in his paternal … Read More about Case Update (3 February 2023): Efthymiou v. Labonte; Autistic Child was not sufficiently mature after the court concluded he was parroting his mother’s views on him remaining in CA
Case Update (13 Feb 2023): Saada v. Golan; Child’s Aunt added as Respondent in Amended Petition, Child’s Family Court Lawyer not permitted to intervene
The case of Saada v. Golan continues with further litigation. This was the matter brought forth before the U.S. Supreme Court in 2022. After a remand by the Supreme Court, the Eastern District of NY again ordered the minor child returned to Italy. Pending appeal, the Respondent Mother, … Read More about Case Update (13 Feb 2023): Saada v. Golan; Child’s Aunt added as Respondent in Amended Petition, Child’s Family Court Lawyer not permitted to intervene
Case Update (23 Jan 2023): US v. Patel; conviction remains vacated, but November 2022 opinion amended
The January 23, 2023 court order is one in a long line of court orders in federal, state, and foreign courts related to the parties and their child. To summarize - the Patels voluntarily signed an agreement in 2017 granting Mr. Patel full custody and the ability to relocate, which he did - to India … Read More about Case Update (23 Jan 2023): US v. Patel; conviction remains vacated, but November 2022 opinion amended
Case Update (19 Jan 2023): Carlson v. Carlson; 13 year old’s mature objection leads to denial of mother’s request to return him
The parties are parents to a 13-year-old son, who was born in the United States. His parents separated and divorced in Rhode Island, and agreed to share joint custody, with his primary residence in Germany with his mother. In 2015, mother and child moved to Germany. The child spent a lot of time … Read More about Case Update (19 Jan 2023): Carlson v. Carlson; 13 year old’s mature objection leads to denial of mother’s request to return him
Case Update (17 Jan 2023): Preston v. Preston; 9 year old child was not mature, and was further unduly influenced by both parents
The parties are parents to one daughter, born in Manitoba, Canada. The parties stipulated to petitioner father's case-in-chief with the mother acknowledging that she was to return to Manitoba with the child on September 7, 2022, but did not do so. The father filed a return petition in Texas … Read More about Case Update (17 Jan 2023): Preston v. Preston; 9 year old child was not mature, and was further unduly influenced by both parents
Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
On November 21, 2022, the 9th Circuit heard oral arguments on the matter of Radu v. Shon, which involves a father's request to return the parties' two children to Germany using the Hague Abduction Convention. In September 2020, the district court ordered the children returned with an ameliorative … Read More about Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
Case Update (21 Dec 2022): Bikundwa v. Ruyenzi; Children ordered returned to Petitioner in Belgium
The parties are parents to 2 teenage, high-school children, who were both born in Belgium and had lived their entire lives in Belgium until July 2022, at which time they traveled to Washington State to spend time with their father, with a scheduled return date and return ticket for August 16, 2022. … Read More about Case Update (21 Dec 2022): Bikundwa v. Ruyenzi; Children ordered returned to Petitioner in Belgium
Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case
The parties child was ordered returned to Spain. Petitioner sought reimbursement of fees and costs. The Respondent did not respond to Petitioner's request for fees and costs under ICARA, so she did not meet her burden to show that an award of fees was clearly inappropriate under the statute. … Read More about Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case