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 (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction
Almost one year to the day, the Court of Appeals of Texas reversed and remanded its prior decision in the matter of Cortez v. Cortez. On December 29, 2020, the court had affirmed a trial judge, who had concluded Texas no longer had continuing, exclusive jurisdiction under the UCCJEA over the … Read More about Case Update (28 Dec 2021): Cortez v. Cortez; UCCJEA and loss of continuing, exclusive jurisdiction
Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Mr. Tchenguiz is seeking the return of his child to England through the Hague Abduction Convention. There are apparently three legal issues at dispute in this case, which had been set for trial for January 10, 2022 (after a continuance of a December trial date based on Respondent's new arguments in … Read More about Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
The saga of Mr. Radu and Ms. Shon continues with a new trial court opinion on December 30, 2021. On September 17, 2020, the U.S. District Court for the District of Arizona previously issued an order granting Mr. Radu's request to have his children returned to Germany. The court opined that the … Read More about Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
Case Update (20 Dec 2021): Chigariro v. Gessen; habitual residence and understanding when countries are treaty partners under the Hague Abduction Convention
The U.S. District Court for the District of Massachusetts denied a petitioner's request to return her children to Zimbabwe, after concluding that Russia, and not Zimbabwe, was the child's habitual residence. The court gave an explanation of when the Hague Abduction Convention is in place between … Read More about Case Update (20 Dec 2021): Chigariro v. Gessen; habitual residence and understanding when countries are treaty partners under the Hague Abduction Convention
Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
In July 2021, the SDNY ordered the Velozny children returned to Israel. Ms. Velozny (Respondent) appeals to the 2nd Circuit. She "challenges the district court’s order and judgment to the extent that it declined to apply one of th[e] affirmative defenses, i.e., the grave risk of harm exception, as … Read More about Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
Case Update (10 Dec 2021): Saada v. Golan; Cert Petition Granted
The U.S. Supreme Court granted Ms. Golan's Petition for Writ of Certiorari, making this the fifth Hague Abduction case going before the Supreme Court. … Read More about Case Update (10 Dec 2021): Saada v. Golan; Cert Petition Granted
Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
The minor child at issue, SL, is currently living with her aunt and uncle in the Netherlands. In 2008, the child's mother passed away, and the father remarried. In May 2011, a Dutch family court granted parental authority of the child to the child's father and stepmother. The three proceeded to … Read More about Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
Case Update (2021): Arnaldur Schram v. Tania Zarak; Hague Abduction return petition; habitual residence
On November 2, 2021, the SDNY ordered the parties' two eldest children returned to Iceland. This blog post is a little lengthy because the issue at hand is habitual residence, which now involves a totality-of-the-circumstances analysis. Mr. Schram (Icelandic) and Ms. Zarak (Mexican) both … Read More about Case Update (2021): Arnaldur Schram v. Tania Zarak; Hague Abduction return petition; habitual residence
Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child
On October 27, 2021, the Appellate Court of Illinois reversed a trial court's finding that Steven was entitled to an order of protection and that Meeli was in indirect civil contempt of a court order to return their child from Estonia to Illinois. The family traveled from Illinois to Estonia in … Read More about Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child
Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
On February 26, 2021, in the matter of Colchester v. Lazaro, the U.S. District Court for the W.D. of Washington ordered the parties’ 6-year-old child returned to Spain. On October 22, 2021, the Ninth Circuit vacated and remanded. At trial, Ms. Lazaro argued that the child would be at grave risk … Read More about Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
Case Update (2021): Philantrope v. Jean; Hague Abduction Return; child not settled despite petition being filed 29 months after removal
On October 19, 2021, the U.S. District Court for the SD of Florida ordered the parties' minor child returned to Chile. The child's father, alleging violent threats by the mother's boyfriend in Chile, decided to take their child to the United States. Over the course of approximately 3 months in … Read More about Case Update (2021): Philantrope v. Jean; Hague Abduction Return; child not settled despite petition being filed 29 months after removal