The parties are parents to 2 children, ages 9 and 11 at the time of the district court proceeding in Virginia. Pursuant to an Anguillan custody order, the Respondent/Mother had primary residential custody, and the Petitioner/Father had routine access, which he did not fully exercise (in part, … Read More about Case Update (22 Dec 2022): Davis v. Lake; children not returned under Abduction Convention after finding Petitioner consented to their relocation
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 (9 March 2022): Argueta v. Lemus; Hague Abduction Convention return after Taking Parent cannot meet burden of proof on any exception
On August 29, 2020, the Mother traveled with the child from Honduras to the United States to visit with a family friend named Bessy. She had a return plane ticket for September 26, 2020, which she never used. Instead, she remained with the child in the USA. The Mother left behind most of her … Read More about Case Update (9 March 2022): Argueta v. Lemus; Hague Abduction Convention return after Taking Parent cannot meet burden of proof on any exception
Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared
Mr. Solis filed his Petition for Return of his five-year-old daughter from Texas to Mexico on January 18, 2022. The trial was held on March 9 & 10, 2022, after which the court ordered the Child returned to Mexico. The main issues appear to revolve around the fact that both parents intended for … Read More about Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared
Case Update (2021): Philantrope v. Jean; Hague Abduction Return; child not settled despite petition being filed 29 months after removal
On October 19, 2021, the U.S. District Court for the SD of Florida ordered the parties' minor child returned to Chile. The child's father, alleging violent threats by the mother's boyfriend in Chile, decided to take their child to the United States. Over the course of approximately 3 months in … Read More about Case Update (2021): Philantrope v. Jean; Hague Abduction Return; child not settled despite petition being filed 29 months after removal
Case Update (2021): Pflucker v. Warms; habitual residence
On October 6, 2021, the U.S. District Court for the Middle District of Florida denied Dr. Pflucker's petition to have her two minor children returned to Peru. The court concluded that the United States, not Peru was the children's habitual residence. The facts of this case focus on whether Lt. … Read More about Case Update (2021): Pflucker v. Warms; habitual residence
Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
The SDNY granted Mr. Velozny's motion for summary judgment on July 22, 2021, and ordered his minor children returned to Israel. The focus of the court was primarily on Ms. Velozny's argument of certain exceptions to returning the children, after it was clear that Mr. Velozny had met the burden … Read More about Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
Case Update (2020): Romero v. Bahamonde; Hague Abduction; mature child, burden to prove exceptions on Respondent
On November 19, 2020, the US District Court for the M.D. of Georgia issued its opinion, denying Mr. Romero's request to return his two children to Chile. In December 2017, Mr. Romero brought the parties' 2 children to Florida to see his mother, with the intention of remaining until March … Read More about Case Update (2020): Romero v. Bahamonde; Hague Abduction; mature child, burden to prove exceptions on Respondent