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
Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver
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
Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional
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
Case Update (2021 Oct 27): Steven W v. Meeli W; civil protection order suit in attempt to seek return of retained child
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
Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA
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
Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights
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
Webinar Update: The International Family Law Year-in-Review
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
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
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
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
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
Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding
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