The U.S. Court of Appeals for the Eleventh Circuit affirmed an order returning a minor child to France. On appeal, the Mother argued two things, neither of which the Eleventh Circuit felt had merit. The first argument was that the order to return the child was a custody determination that … Read More about Case Update (9 May 2023): Castang v. King; 11th Cir. affirms Court’s return of child to France; habitual residence is a country, not a parent; returning child in a parent’s “custody” is not a custody determination
Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver
Joshua, father of AJT, filed a petition for divorce and custody in a Texas family court in July 2020. The parents participated in certain hearings and the court entered temporary orders regarding custody of AJT. Cypreana, the child's mother, then sought to have the custody matter dismissed, and the … Read More about Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver
Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional
On June 1, 2022, the U.S. District Court for the SD of Florida denied Mr. Olajide's request for an immediate hearing to obtain a preliminary injunction. From a review of Mr. Olajide's Complaint, it appears that he is a Nigerian national, residing in Florida (Miami-Dade). He is suing a variety of … Read More about Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional
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): Christensen v. Seckin; modification jurisdiction under UCCJEA
The minor child at issue was born in Turkey in 2013. In 2017, Mr. Christensen and Ms. Seckin reached an agreement resolving custody of their minor child. At the time, Mr. Christensen lived in Alaska, and Ms. Seckin and their child lived in Turkey. In an August 2017 Turkish order, Ms. Seckin was … Read More about Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA
Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights
On February 8, 2021, the Superior Court for Chelan County, Washington, issued a memorandum opinion in the case of AlHaidari v. AlHaidari. The case revolves around a child born in Saudi Arabia in December 2014 to the litigants, Bethany and Ghassan. The parties were in the middle of significant … Read More about Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights
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 (2021): In re Marriage of Wang and Jiaojiao Zhou; registration of a foreign custody order; home state’s order stayed
On April 9, 2021, the Court of Appeal for the Sixth District of California issued an opinion in the case of Jiaojiao Zhou and Sean Wang. Ms. Zhou and Mr. Wang are the parents to a daughter born in 2013 in China. She lived primarily with her mother in China, and visited her father, who was working … Read More about Case Update (2021): In re Marriage of Wang and Jiaojiao Zhou; registration of a foreign custody order; home state’s order stayed