On November 21, 2022, the Ninth Circuit Court of Appeals conducted oral arguments in the Hague Abduction Convention case of Radu v. Shon. This case is before the Ninth Circuit for the second time. There have been three orders requiring Ms. Shon to return the parties' children, and the key issue … Read More about Case Update (21 Nov 2022): Radu v. Shon; arguments before the 9th Circuit Court of Appeals
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 (17 Oct 2022): Poix v. Santana; father was actually exercising his custody rights, and the children are ordered returned
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 (1 June 2022): UN Committee on the Rights of the Child addresses a return request under the Hague Abduction Convention
A mother, whose autistic son was ordered returned from Chile to Spain under the Hague Abduction Convention, submitted a "communication" to the UN Committee on the Rights of the Child in 2020, invoking the child's rights under articles 3, 9, 11 and 23 of the UN Convention on the Rights of the Child, … Read More about Case Update (1 June 2022): UN Committee on the Rights of the Child addresses a return request under the Hague Abduction Convention
Case Update (17 Sept 2022): Rodriguez v. Molina; return ordered despite child having been physically disciplined by Petitioner in past
The child's father, Mr. Molina, removed the minor child from Honduras by walking with the child through Mexico and paying smugglers to transport him and the child across the Mexico-U.S. border. The child's mother, Ms. Rodriguez, filed a request to have the minor child returned to Honduras. The … Read More about Case Update (17 Sept 2022): Rodriguez v. Molina; return ordered despite child having been physically disciplined by Petitioner in past
Case Update (30 Sept 2022): Tsuruta v. Tsuruta; request for a stay pending appeal denied
Respondent, Ms. Trusurta, requested a stay of the court's order requiring the parties' 7-year-old daughter be returned to Japan pending appeal and until she can secure immigration authorization and financial security in Japan so that she can also return. The court denied her request for a stay. … Read More about Case Update (30 Sept 2022): Tsuruta v. Tsuruta; request for a stay pending appeal denied
Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court
The parents, in this case, reached a settlement agreement related to Mr. Garzon's request to have the parties' two minor children returned to Colombia under the Hague Abduction Convention. As part of their settlement, the parents filed a request in the Circuit Court for Washtenaw County, Michigan, … Read More about Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court
Case Update (28 Sept 2022): Radu v. Shon; request for stay denied, Respondent may seek stay from 9th Circuit
On August 22, 2022, the district court again ordered the parties' 2 minor children returned to Germany, and did so without a further evidentiary hearing. Ms. Shon, the Respondent, appeals, and seeks a stay of the order requiring the return of the children. In arguing that she is likely to prevail … Read More about Case Update (28 Sept 2022): Radu v. Shon; request for stay denied, Respondent may seek stay from 9th Circuit
Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention
On September 19, 2022, the U.S. District Court for the Eastern District of Missouri ordered the parties' minor child returned to her habitual residence of Japan. The child's father filed his return petition in the court on April 12, 2022. The court found that the child's mother removed the child … Read More about Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention
Case Update (2 Sept 2022): Revelo v. Cedeno; minor child ordered returned to Ecuador, court orders federal government to produce documents necessary to return child
Petitioner Father and Respondent Mother are parents to one child, born in Ecuador. The parents were in a civil union until August 29, 2019, at which time they ended their relationship. At the same time, they entered into a custody agreement that gave Respondent custody with open visitation rights … Read More about Case Update (2 Sept 2022): Revelo v. Cedeno; minor child ordered returned to Ecuador, court orders federal government to produce documents necessary to return child
DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction
On September 13, 2022, the U.S. Department of State issued its annual "action report" outlining the specific actions that the U.S. government has taken with regard to the countries it listed in its June 2022 compliance report. Learn more about the compliance report and read it here. Included in … Read More about DOS Update (13 Sept 2022): U.S. Department of State issues its annual action report on child abduction
Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia
On August 31, 2022, the U.S. District Court for the ND of Georgia ordered the parties' minor child KPCA returned to Colombia under the Hague Abduction Convention. KPCA was born in the United States where he lived for the first five years of his life, but moved to Colombia with Respondent in 2015 … Read More about Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia