On October 21, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the ED of Louisiana in its denial of Mr. Christopher Harm's request to return his child to Ireland using the Hague Abduction Convention. The case, in many respects, is relatively straight forward. The appellate issue … Read More about Case Update (2021): Harm v. Lake-Harm; Hague Abduction; habitual residence
Case Update (2021): Minkiewitz v. Becker; habitual residence, no clear error
On February 11, 2021, in the unpublished opinion of Minkiewitz v. Becker, the Court of Appeal of California affirmed the return of a minor child to Mexico under the Hague Abduction Convention. The parties are parents to a 7-year-old son, all are U.S. citizens, and were living on their … Read More about Case Update (2021): Minkiewitz v. Becker; habitual residence, no clear error
Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence
In Avendano v. Balza, the First Circuit affirmed the U.S. District Court's refusal to return G, a minor child, to Venezuela on the basis that G was mature, and objected to the return. The Petitioner Mother appeals the court's finding on two points.Point one: Petitioner argues the court wrongly … Read More about Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence
Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived
The recent 1980 Hague Abduction case of De Carvalho v. Carvalho Pereira focused on two key issues: the children's habitual residence and whether the children were now settled in the United States. The District Court of Appeal of Florida affirmed the trial court's order to return both children … Read More about Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived