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due process

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 (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

March 29, 2022

The Nikolenko family is embroiled in simultaneous lawsuits in Texas and Russia. The family had been living in Katy, Texas, with Luiza listed as a dependent on Dmitry's work visa. In 2014, Dmitry's employer transferred him to Brunei for 3-years. The family contemplated a return to Texas, so they … Read More about Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

Category iconabduction prevention,  comity,  divorce,  due process,  foreign divorce,  notice

Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA

August 24, 2021

On August 13, 2021, the Court of Appeals of Texas affirmed its trial court's registration of an ex parte Mexican custody order. The father, Mr. Tucker, appeals the registration, arguing that, at the time the Mexican court issued its order, giving Ms. Covarrubias Campos interim custody, he had no … Read More about Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA

Category iconactual notice,  due process,  notice,  registration,  UCCJEA

Case Update (2021): In re. J.T., CINA, due process for overseas parent in termination of rights case

July 6, 2021

The Maryland Court of Special Appeals issued an unreported opinion on June 28, 2021 in the case of In re. J.T. J.T. is a young child, born in 2016, and removed from her mother's care a few days after birth. Her mother is a Maryland resident, and J.T. was born in Maryland. J.T.'s father was, and … Read More about Case Update (2021): In re. J.T., CINA, due process for overseas parent in termination of rights case

Category iconCameroon,  child in need of assistance,  due process,  parental fitness,  termination of parental rights

Case Update (2021): Romero v. Bahamonde; mature child’s objection and testimony

June 17, 2021

In November 2020, the U.S. District Court for the ED Georgia denied Mr. Romero's request to return his children to Chile under the Hague Abduction Convention. Mr. Romero appealed, and, on May 25, 2021, the Eleventh Circuit affirmed. Mr. Romero argues that the District Court was clearly … Read More about Case Update (2021): Romero v. Bahamonde; mature child’s objection and testimony

Category iconabduction,  Child Abduction,  child testimony,  due process,  Hague Abduction Convention,  mature child,  objection

Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity

December 30, 2020

In the case of Glory and Sunita Jayagaran, the Washington Court of Appeals refused to recognize an Indian divorce decree because the Husband did not properly serve his Wife, thereby denying her due process.  The couple lived approximately 18 years, having 3 children, in Washington State.  … Read More about Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity

Category iconcomity,  due process,  notice,  Recognition,  service of process

Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order

December 3, 2020

The International Child Abduction Remedies Act allows a parent who is seeking the return of his or her child under the 1980 Hague Abduction Convention to request provisional remedies (see Sec. 9004).  In the case of Babcock v. Babcock, Mrs. Babcock did just that (in August 2020).  She … Read More about Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order

Category iconChild Abduction,  due process,  Hague Abduction Convention,  ICARA,  injury,  notice,  provisional remedies,  temporary restraining order,  TRO

Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity

October 20, 2020

Thamilselvan v. Thamilselvan reads like a law school exam question.  The spouses, both Indian citizens had lived in Michigan with their daughter since 2000.  They owned a house.  In December 2017, the Wife and daughter left the marital home.  In February 2018, the Wife sought a … Read More about Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity

Category iconcomity,  divorce,  due process,  Enforceability,  forum-shopping,  injunction,  subject matter jurisdiction,  temporary absence

Case Update (2020): Claflin v. Claflin; Comity, Foreign Marriage, Void Marriage

July 16, 2020

The Claflins spent significant time and energy litigating in two countries over their divorce.  Ms. Zamora Claflin filed for divorce in Florida.  Mr. Claflin sought to dismiss her divorce petition, alleging that Ms. Zamora could not have legally married Mr. Claflin because she was already … Read More about Case Update (2020): Claflin v. Claflin; Comity, Foreign Marriage, Void Marriage

Category iconcomity,  dissolution,  divorce,  due process,  Evidence,  jurisdiction

Case Update (2020): Sabra v. Pompeo; Consular Report of Birth Abroad and minor child’s U.S. passport application

May 20, 2020

A minor child born overseas to U.S. parents is eligible for U.S. citizenship if the requirements outlined in the Immigration and Nationality Act (INA) are met.   The parents must request a Consular Report of Birth Abroad (CRBA) as evidence of the citizenship before the child’s 18th birthday … Read More about Case Update (2020): Sabra v. Pompeo; Consular Report of Birth Abroad and minor child’s U.S. passport application

Category iconCRBA,  due process,  INA,  overseas birth,  Passport

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