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Family Law Across Borders

Family Law Across Borders

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clear error

Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

April 21, 2022

On March 23, 2022, the Court of Appeals of Texas reversed a trial court's order that required the return of two children to Israel. This is the first case I have seen since Monasky v. Taglieri that has overturned the trial judge's finding of habitual residence. Father (a former Israeli … Read More about Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky

Category iconabduction,  Child Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention,  Monasky,  totality of the circumstances

Case Update (2021): Harm v. Lake-Harm; Hague Abduction; habitual residence

November 4, 2021

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

Category iconabduction,  Child Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention,  Monasky

Case Update (2021): Minkiewitz v. Becker; habitual residence, no clear error

February 25, 2021

On February 11, 2021, in the unpublished opinion of Minkiewitz v. Becker, the Court of Appeal of California affirmed the return of a minor child to Mexico under the Hague Abduction Convention.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

Category iconChild Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention

Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence

January 21, 2021

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

Category iconChild Abduction,  clear error,  guardian ad litem,  Hague Abduction Convention,  mature child,  objection,  undue influence,  unduly influenced

Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived

December 10, 2020

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 to … 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

Category iconChild Abduction,  clear error,  Habitual Residence,  Hague Abduction Convention,  Monasky,  now settled

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