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Family Law Across Borders

Family Law Across Borders

International Family Law Resources

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covid-19

Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures

December 2, 2021

Jeffrey and Yuko are the parents to two children. Jeffrey and the children resided in Illinois, and Yuko resided in Japan. In the parties' 2013 custody order, the children were permitted summer access with their mother in Japan if three conditions were met: (1) Japan became a signatory to the … Read More about Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures

Category iconabduction prevention,  covid-19,  modification

Case Update (2021): Dumitrascu; Motion for Stay of Return Order

November 2, 2021

Mr. Dumitrascu filed a motion to stay the U.S. District Court's order returning his minor child to Romania. You can review the court's analysis when ordering the child returned here. Mr. Dumitrascu's motion focuses on his argument that the United States, and not Romania, was the minor child's … Read More about Case Update (2021): Dumitrascu; Motion for Stay of Return Order

Category iconabduction,  Child Abduction,  covid-19,  Habitual Residence,  Hague Abduction Convention,  Stay

Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies

September 21, 2021

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

Category iconabduction,  Actually Exercising,  ameliorative measures,  Child Abduction,  covid-19,  Grave Risk,  Hague Abduction Convention,  pandemic,  undertakings

Case Update (2021): in re matter of ICJ; not actually exercising rights of custody

March 18, 2021

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

Category iconActually Exercising,  Child Abduction,  coronavirus,  covid-19,  Hague Abduction Convention,  Right of Custody

Top 10 Most Clicked Blog Posts of 2020

December 16, 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

Category iconChild Abduction,  comity,  covid-19,  criminal kidnapping,  divorce,  foreign divorce,  fraud,  Hague Abduction Convention,  Hong Kong,  ICAPRA,  India,  international family law,  kidnapping,  service of process

ART Update: COVID and international surrogacy update

August 13, 2020

 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

Category iconART,  Corona,  covid-19,  pandemic,  surrogacy,  travel ban

Case Update (2020): Sacchi v. Dervishi; Hague Child Abduction Convention, Consent to Relocate, COVID-19 Return to EU

July 6, 2020

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

Category icon1980 Convention,  abduction,  Case Update,  Child Abduction,  covid-19,  Habitual Residence,  travel ban

HCCH Update: COVID-19 Toolkit for the 1980 Hague Child Abduction Convention

July 3, 2020

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

Category iconabduction,  Child Abduction,  covid-19,  HCCH

Case Update (2020): Guerra v. Rodas; 1980 Hague Abduction Convention, Consent & Grave Risk not found; Return Stayed because of COVID-19

June 5, 2020

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

Category icon1980 Convention,  Child Abduction,  Corona,  covid-19,  Grave Risk,  Stay,  travel ban

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