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Family Law Across Borders

Family Law Across Borders

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criminal kidnapping

Case Update (29 Nov 2022): U.S. v. Patel; criminal kidnapping jury conviction vacated

December 6, 2022

On November 29, 2022, the district court in New Jersey vacated Mr. Patel’s conviction by a NJ jury under the International Parental Kidnapping Crime Act.  This case has been ongoing for several years.  There is a long and storied history, but distilled in part, Mr. Patel and his minor child left the … Read More about Case Update (29 Nov 2022): U.S. v. Patel; criminal kidnapping jury conviction vacated

Category iconabduction,  criminal kidnapping,  custody,  Hague Abduction Convention,  interference with custody,  kidnapping

Case Update (6 June 2022): USA v. Chaplin; parent’s conviction for kidnapping affirmed on appeal; definition of retention clarified

June 21, 2022

Mr. Leo James Chaplin, an American, met his wife, MDS, in the Philippines. The two moved to the USA, married, and had two children. They lived in Alaska and took vacations to the Philippines. In 2014, Chaplin "convinced MDS and their minor children... to accompany him to the Philippines, where he … Read More about Case Update (6 June 2022): USA v. Chaplin; parent’s conviction for kidnapping affirmed on appeal; definition of retention clarified

Category iconcriminal kidnapping,  IPKCA

Case Update (18 Feb 2022): U.S. v. Patel; federal parental kidnapping and the need for clearly written custody orders

March 17, 2022

The Defendant in this criminal matter is the father of the minor child at issue. Pursuant to a NJ Family Court order from May 2017, the father had sole custody of the child. The mother had no delineated access schedule (only access "as agreed by the parties"). In July 2017, the father and son … Read More about Case Update (18 Feb 2022): U.S. v. Patel; federal parental kidnapping and the need for clearly written custody orders

Category iconabduction,  access,  Child Abduction,  criminal kidnapping,  IPKCA

Case Update (2021): U.S. v. Helbrans; International Parental Kidnapping Crime Act

October 26, 2021

On October 12, 2021, the Court addressed motions in limine filed by Defendants and the Government in a federal criminal case related to the kidnapping of minor children between Guatemala and the United States. You can read more about the case here. It is a fascinating read involving the Jewish … Read More about Case Update (2021): U.S. v. Helbrans; International Parental Kidnapping Crime Act

Category iconabduction,  Child Abduction,  criminal kidnapping,  Hague Abduction Convention,  IPKCA

Case Update (2021): In re. Private Complaint Filed by Luay Ajaj; proceeding with a private complaint on criminal kidnapping claims

September 7, 2021

On February 25, 2021, the Superior Court of Pennsylvania affirmed a trial court ruling that found the District Attorney was wrong when they disapproved/dismissed Mr. Ajaj's private complaint, which he filed against his Wife for "interference with custody of children" and "concealment of whereabouts … Read More about Case Update (2021): In re. Private Complaint Filed by Luay Ajaj; proceeding with a private complaint on criminal kidnapping claims

Category iconabduction,  Child Abduction,  concealment,  criminal kidnapping,  interference with custody,  warrant

Case Update (2021): U.S. v. Helbrans, Rosner, et. al.; international kidnapping; Hague Convention

July 20, 2021

The Defendants are members of a Jewish religious community, Lev Tahor. Defendant Nachman Helbrans is the leader of this community. In October 2018, Helbrans' sister left the community in Guatemala with her six children and relocated to the United States. In November 2018, she obtained a … Read More about Case Update (2021): U.S. v. Helbrans, Rosner, et. al.; international kidnapping; Hague Convention

Category iconChild Abduction,  criminal kidnapping,  Hague Abduction Convention,  IPKCA

Case Update (2021): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping

July 13, 2021

On July 1, 2021, the Texas Court of Appeals issued a substitute opinion, affirming its prior disposition, in the case of Mr. Christopher Brann and his former in-laws, the Guimaraeses. This case has a long and storied history. It emanates from a parental kidnapping of Mr. Brann's son by his … Read More about Case Update (2021): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping

Category iconcivil suit,  conviction,  criminal kidnapping,  fraud,  legislative testimony,  privilege,  slander

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

Case Update (2020): US v. Houtar, international parental kidnapping, whether IPKCA is void for vagueness as applied to a parent who did not “abduct” his children

December 15, 2020

The 2nd Circuit Court of Appeals, in the case of U.S. v. Houtar, recently addressed the issue of whether the International Parental Kidnapping Crime Act (IPKCA) was unconstitutionally vague as applied against a father who had not actually abducted his children, but instead retained his children in … Read More about Case Update (2020): US v. Houtar, international parental kidnapping, whether IPKCA is void for vagueness as applied to a parent who did not “abduct” his children

Category iconabduction,  constitutional,  criminal kidnapping,  IPKCA,  retention,  vague

Case Update (2020): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping

October 6, 2020

In the continuing saga of Chris Brann and the Guimaraes Family, the Court of Appeals for the First District of Texas accelerated Chris' interlocutory appeal, and ultimately dismissed the Guimaraes' civil suit against him.  This family has been through a significant volume of litigation, … Read More about Case Update (2020): Brann v. Guimaraes; Civil Suit for Fraud, Slander, etc., after Criminal Conviction for aiding and abetting a criminal kidnapping

Category iconabduction,  Case Update,  Child Abduction,  criminal kidnapping,  federal,  kidnapping

Case Update (2020): US v. Mobley; International Criminal Kidnapping, Extortion, Restitution

September 15, 2020

A recent 10th Circuit Case, United States v. Mobley, addressed an appeal of a crime that related back to the mother's abduction of her children to Russia.Mobley (Father) and Osipova (Mother) had a daughter.  Shortly after Mobley filed for divorce in Kansas, Osipova abducted their … Read More about Case Update (2020): US v. Mobley; International Criminal Kidnapping, Extortion, Restitution

Category iconabduction,  Child Abduction,  criminal kidnapping,  extortion,  forum-shopping,  IPCKA,  kidnapping

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