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custody

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 (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver

October 25, 2022

Joshua, father of AJT, filed a petition for divorce and custody in a Texas family court in July 2020. The parents participated in certain hearings and the court entered temporary orders regarding custody of AJT. Cypreana, the child's mother, then sought to have the custody matter dismissed, and the … Read More about Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver

Category iconChild Custody,  custody,  dismiss,  subject matter jurisdiction,  UCCJEA

Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional

June 16, 2022

On June 1, 2022, the U.S. District Court for the SD of Florida denied Mr. Olajide's request for an immediate hearing to obtain a preliminary injunction. From a review of Mr. Olajide's Complaint, it appears that he is a Nigerian national, residing in Florida (Miami-Dade). He is suing a variety of … Read More about Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional

Category iconabduction,  abduction prevention,  Child Abduction,  Child Custody,  constitutional,  custody,  due process,  UCCJEA

Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child

November 16, 2021

On October 27, 2021, the Appellate Court of Illinois reversed a trial court's finding that Steven was entitled to an order of protection and that Meeli was in indirect civil contempt of a court order to return their child from Estonia to Illinois. The family traveled from Illinois to Estonia in … Read More about Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child

Category iconabduction,  Child Abduction,  Child Custody,  custody,  domestic violence,  Hague Abduction Convention,  interference with custody,  protection order

Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA

June 10, 2021

The minor child at issue was born in Turkey in 2013. In 2017, Mr. Christensen and Ms. Seckin reached an agreement resolving custody of their minor child. At the time, Mr. Christensen lived in Alaska, and Ms. Seckin and their child lived in Turkey. In an August 2017 Turkish order, Ms. Seckin was … Read More about Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA

Category iconChild Custody,  continuing exclusive jurisdiction,  custody,  jurisdiction,  modification,  subject matter jurisdiction,  UCCJEA

Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights

May 18, 2021

On February 8, 2021, the Superior Court for Chelan County, Washington, issued a memorandum opinion in the case of AlHaidari v. AlHaidari. The case revolves around a child born in Saudi Arabia in December 2014 to the litigants, Bethany and Ghassan. The parties were in the middle of significant … Read More about Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights

Category iconChild Custody,  custody,  custody rights,  human rights,  UCCJEA

Webinar Update: The International Family Law Year-in-Review

January 5, 2021

My law firm will be offering a free webinar on January 13th at noon ET, where I will provide a summary of the most important international family law updates of 2020.  You can learn more about it, and register by clicking here. … Read More about Webinar Update: The International Family Law Year-in-Review

Category iconcomity,  custody,  divorce,  Hague Abduction Convention,  international family law,  year in review

Case Update (2020): MARG v. Texas Dept. F&PS; Third-Party custody, notice of Hague Abduction return request, inability to conduct home study in foreign country

December 28, 2020

Some interesting issues arose in the case of MARG v. Texas Department of Family & Protective Services.  Third party caregivers were appointed as three (3) children's conservators (custodians) in Texas.  The child's mother, from whom the children were removed, was agreeable to the third … Read More about Case Update (2020): MARG v. Texas Dept. F&PS; Third-Party custody, notice of Hague Abduction return request, inability to conduct home study in foreign country

Category iconArticle 16,  Child Abduction,  custody,  Hague Abduction Convention,  home study,  immigration,  merits

Case Update (2020): Begum v. Palanisamy; the difficulty of mirroring a U.S. custody order overseas and the conflict of continuing exclusive jurisdiction under the UCCJEA

December 14, 2020

The Appellate Division of the Superior Court of NJ's case of Begum v. Palanisamy involves a multi-jurisdictional family and a NJ custody order.  While the opinion itself is merely about a variety of motions filed between the parties, there are some interesting issues that arise that allow this … Read More about Case Update (2020): Begum v. Palanisamy; the difficulty of mirroring a U.S. custody order overseas and the conflict of continuing exclusive jurisdiction under the UCCJEA

Category iconChild Relocation,  citizenship,  custody,  domesticate,  homologate,  mirror,  nationality,  reciprocity,  registration,  Relocation,  Singapore

Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding

October 19, 2020

The case of Schwartz v. Hinnendael gives an interesting assessment of both the Monasky habitual residence standard and the grave risk of harm analysis.  I suggest reading the actual case to get the best view of how the court weighed all the facts and reached its conclusion.  I think the … Read More about Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding

Category iconabduction,  Child Abduction,  custody,  Grave Risk,  Habitual Residence,  Hague Abduction Convention,  prima facie,  UCCJEA

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