On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
Case Update (2021): in re matter of ICJ; not actually exercising rights of custody
On January 28, 2021, the U.S. District Court for the Eastern District of Washington denied a Father's request to return his child to France using the Hague Abduction Convention in the case of In Re Matter of ICJ (Jones v. Fairfield). The Father (Mr. Jones) has already appealed.While the trial … Read More about Case Update (2021): in re matter of ICJ; not actually exercising rights of custody
Top 10 Most Clicked Blog Posts of 2020
2020 was not for the faint of heart, with a global pandemic and a U.S. Supreme Court opinion on the Hague Abduction Convention authored by the late Justice Ginsburg. Here are the TOP TEN most clicked blog posts from MK Family Law's Family Law Across Borders BLOG. No. 10 … Read More about Top 10 Most Clicked Blog Posts of 2020
ART Update: COVID and international surrogacy update
From Guest Blogger, Bruce Hale of Modern Family Law The family law bar is facing a number of challenges posed by the global pandemic. Much has already been written on the impact of the pandemic to matters of child custody and support. Lesser known are issues in family … Read More about ART Update: COVID and international surrogacy update
Case Update (2020): Sacchi v. Dervishi; Hague Child Abduction Convention, Consent to Relocate, COVID-19 Return to EU
As the COVID-19 pandemic drags on, it is inevitable we will see more international cases that address this issue, even if tangentially.In the case of Sacchi v. Dervishi, the US District Court for the Northern District of California ordered two children returned to their habitual residence of Italy … Read More about Case Update (2020): Sacchi v. Dervishi; Hague Child Abduction Convention, Consent to Relocate, COVID-19 Return to EU
HCCH Update: COVID-19 Toolkit for the 1980 Hague Child Abduction Convention
The Hague Conference on Private International Law published a toolkit that explores the application of the 1980 Hague Child Abduction Convention in the wake of COVID-19. You can find the toolkit by going here. The toolkit pinpoints resources and publications provided by the HCCH that … Read More about HCCH Update: COVID-19 Toolkit for the 1980 Hague Child Abduction Convention
Case Update (2020): Guerra v. Rodas; 1980 Hague Abduction Convention, Consent & Grave Risk not found; Return Stayed because of COVID-19
In the case of Guerra v. Rodas, (Case No. CIV-20-96-SLP), Plaintiff Mother sought the return of her minor child to Guatemala. The child was removed from Guatemala in March 2019 by the child’s biological Father. In May 2019, Plaintiff Mother reported the child’s removal to law enforcement … Read More about Case Update (2020): Guerra v. Rodas; 1980 Hague Abduction Convention, Consent & Grave Risk not found; Return Stayed because of COVID-19