On July 19, 2021, the NY Supreme Court, Nassau County, granted a Husband's Motion for Summary Judgment where he sought an order holding the parties' mahr term in their nikah agrreement invalid and unenforceable. Among the various arguments the Husband made, he argued that the mahr provision, which … Read More about Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement
Case Update (2021): In re Marriage of BK & LS; international relocation
In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary. The order had a variety of "measures" in it that were intended to ensure the California order's enforcement. The … Read More about Case Update (2021): In re Marriage of BK & LS; international relocation
Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree
The Kentucky Supreme Court addressed a Husband's request for a writ of mandamus to compel his family court judge, Judge Hagerty, to dismiss his Wife's petition for a divorce because he had already secured a divorce in Jordan. For purposes of this blog, I am going to skip over the merits of the writ … Read More about Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree
Case Update (2021): Chaudry v. Chaudry; Islamic marriage contract and burden to prove terms before enforcing
On February 4, 2021, the Maryland Court of Special Appeals, in the unreported opinion of Chaudry v. Chaudry, affirmed that a mehr signed by the parties at the time of their marriage was not an enforceable contract. The parties married in an Islamic marriage ceremony in 2004 in … Read More about Case Update (2021): Chaudry v. Chaudry; Islamic marriage contract and burden to prove terms before enforcing
Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance
The Second Circuit addressed a 2nd appeal in the Saada v. Golan case on October 28, 2020, and affirmed Judge Donnelly's May 5, 2020 order to return the minor child to Italy. As a reminder, this family has been litigating the father's Hague Abduction Convention return petition up and down the … Read More about Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance
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): Valles Rubio v. Veintimilla Castro; Grave Risk in Hague Abduction Case, and ameliorative measures
On May 11, 2020, the Second Circuit Court of Appeals affirmed the return of a minor child to Ecuador in the case of Valles Rubio v. Veintimilla Castro, 813 Fed.Appx. 619 (2020). The key issue on appeal revolved around the grave risk of harm to the minor child if returned to Ecuador, and … Read More about Case Update (2020): Valles Rubio v. Veintimilla Castro; Grave Risk in Hague Abduction Case, and ameliorative measures
Case Update (2020): Radu v. Shon; Hague Abduction Convention and the Grave Risk of Harm
On September 16, 2020, the U.S. District Court for the District of Arizona returned the parties' children to their habitual residence of Germany. In the case of Radu v. Shon, the Respondent Mother (Shon) conceded that her removal of the children from Germany in June 2019 was wrongful. … Read More about Case Update (2020): Radu v. Shon; Hague Abduction Convention and the Grave Risk of Harm
Case Update (2020): Trott v. Trott; Hague Abduction Convention, comity to a Hague order from foreign jurisdiction
In the case of Trott v. Trott, the Eastern District of New York granted a father's petition to have his two daughters returned to Bermuda.The parties are parents to two daughters. Their eldest child is not the father's biological daughter, but was raised as his daughter. The youngest is … Read More about Case Update (2020): Trott v. Trott; Hague Abduction Convention, comity to a Hague order from foreign jurisdiction
Case Update (2020): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction
The Maryland Court of Special Appeals issued an unreported opinion in the case of Olarinde v. Korede on August 20, 2020. In the opinion, the court examined subject matter jurisdiction and whether Maryland was the "home state" of the parties' children so that Maryland could issue its initial … Read More about Case Update (2020): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction
Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
The Derbez v. Derbez divorce matter reminds lawyers that they must be familiar with their jurisdiction’s rules, procedures, and deadlines, and understand the complexity of the recognition and enforcement of foreign judgments. Mr. Derbez pursued a divorce from his wife in Mexico, where he … Read More about Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
Case Update (2020): Nouri v. Dadgar; Religious Marriage Contracts – Enforceability of Mahr
Maryland's Court of Special Appeals (its intermediate appellate court) issued an opinion on April 7, 2020 that addressed the issue of the enforceability of Islamic marriage contracts in two separate, yet consolidated, cases.Nouri v. Dadgar and Ghazirad v. Mojarrad set forth the premise that … Read More about Case Update (2020): Nouri v. Dadgar; Religious Marriage Contracts – Enforceability of Mahr