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Family Law Across Borders

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child's voice

Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter

May 3, 2022

In late 2020, the U.S. District Court for the District of NJ ordered the return of two children to El Salvador under the Hague Abduction Convention in JCC v. LC. If you recall that case, the court refused to hear directly from the 15 year old child. It took notice of the child's "preference" for … Read More about Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter

Category iconabduction,  Child Abduction,  child's voice,  Hague Abduction Convention,  mature child,  objection

Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention

September 2, 2021

The Lorenz family, after some significant litigation, is proceeding towards a final resolution in the Hague Abduction Convention suit filed by Ms. Lorenz in the U.S. District Court for the ED of Michigan. As a preliminary matter, Ms. Lorenz filed a motion to waive "affirmative defense" and to … Read More about Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention

Category iconabduction,  Child Abduction,  child testimony,  child's voice,  defense,  exception,  Hague Abduction Convention,  mature child

Case Update (2021): Alfonso VH v. Christina AZ; Hague Abduction Return Petition, Now Settled Exception

January 19, 2021

On January 8, 2021, the U.S. District Court for the Western District of Virginia denied a return petition brought under the Hague Abduction Convention in the case of Alfonso VH v. Christina AZ on the basis that the minor child is now settled in the United States.The court found that the … Read More about Case Update (2021): Alfonso VH v. Christina AZ; Hague Abduction Return Petition, Now Settled Exception

Category iconChild Abduction,  child's attorney,  child's voice,  Grave Risk,  guardian ad litem,  Hague Abduction Convention,  mature child,  now settled

Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child

November 6, 2020

The U.S. District Court for the District of New Jersey ordered 2 children returned to El Salvador on October 30, 2020 in the case of Re: JCC v. LC (Civil Action No. 19-21889).  There are a few interesting statements by the court worth mentioning in a blog post. First, the Court, at no … Read More about Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child

Category iconabduction,  Child Abduction,  child testimony,  child's voice,  clear and convincing,  Grave Risk,  Habitual Residence,  Hague Abduction Convention,  mature child

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