Ms. Hagar Abdo Hassan, who lives in Egypt, is seeking spousal support in the Egyptian courts from her ex-husband. Her ex-husband, living and working in Michigan, chose not to participate in the Egyptian proceedings. The Egyptian Family Court sent a letter rogatory to the U.S. Department of State, … Read More about Case Update (27 Dec 2021): In re. Request for Judicial Assistance from Embassy of Egypt; 1782 Action; International Discovery in Foreign Divorce Litigation
Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Mr. Tchenguiz is seeking the return of his child to England through the Hague Abduction Convention. There are apparently three legal issues at dispute in this case, which had been set for trial for January 10, 2022 (after a continuance of a December trial date based on Respondent's new arguments in … Read More about Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
On February 26, 2021, in the matter of Colchester v. Lazaro, the U.S. District Court for the W.D. of Washington ordered the parties’ 6-year-old child returned to Spain. On October 22, 2021, the Ninth Circuit vacated and remanded. At trial, Ms. Lazaro argued that the child would be at grave risk … Read More about Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
The 10th Circuit affirmed the Pope v. Lunday decision on November 20, 2020. Ms. Lunday, pregnant with twins, returned to her home of Oklahoma from Brazil. The twins were born in Oklahoma, and shortly after, Mr. Pope filed suit under the 1980 Hague Abduction Convention, seeking the twins' … Read More about Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding
Tatiana Akhmedova filed an ex parte request of the U.S. District Court for the Western District of Texas, using 28 USC 1782 to seek certain evidence in support of her English divorce action. Tatiana alleges that the English courts have ordered certain money judgments and transfers of property … Read More about Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding
HCCH Update: Evidence Convention – New Guide on Use of Video-Link
On April 16, 2020, the Hague Conference on Private International Law published its newest Guide to Good Practice under the Evidence Convention. This publication looks at the development of video-links in taking evidence overseas using the Evidence Convention. It outlines good practices … Read More about HCCH Update: Evidence Convention – New Guide on Use of Video-Link
Case Update (2020): In re. Mariani; Discovery for a Foreign Proceeding – In Re. Mariani
The U.S. District Court for the Southern District of New York issued an opinion in In Re. Mariani (20 Misc. 152) on April 16, 2020 where it granted Lorenzo Mariani's petition under 28 U.S.C. 1782 to serve a subpoena duces tecum on Citibank, N.A. to obtain documents to use in his divorce proceeding … Read More about Case Update (2020): In re. Mariani; Discovery for a Foreign Proceeding – In Re. Mariani