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
Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA
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
Case Update (2021): In re. J.T., CINA, due process for overseas parent in termination of rights case
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
Case Update (2021): Romero v. Bahamonde; mature child’s objection and testimony
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
Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity
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
Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order
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
Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity
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
Case Update (2020): Claflin v. Claflin; Comity, Foreign Marriage, Void Marriage
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
Case Update (2020): Sabra v. Pompeo; Consular Report of Birth Abroad and minor child’s U.S. passport application
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