On January 31, 2022, in an unreported opinion, the Maryland Court of Special Appeals affirmed a custody order issued by the Prince George's County Circuit Court. In this particular case, the child was born in early 2016. The parents, never married, separated in early 2018. In or about September … Read More about Case Update (31 January 2022):Blackman v. Davis; material change of circumstances because father didn’t enforce U.S. custody order for extended period of time
Case Update (13 Jan 2022): Senay Akin v. Nedim Suljevic; returning a wrongfully retained child – Hague Abduction and UCCJEA paths
The Supreme Court of NH affirmed the registration and enforcement of a Turkish custody order, returning the parties' child to the mother. The parties are parents to one daughter, born in Turkey in 2011. She continuously lived in Turkey until 2019. She attended school and received medical care in … Read More about Case Update (13 Jan 2022): Senay Akin v. Nedim Suljevic; returning a wrongfully retained child – Hague Abduction and UCCJEA paths
Case Update (7 Dec 2021): Aslund v. Oslund; registration of foreign custody order under UCCJEA
In the unpublished opinion of Aslund v. Oslund, the NC Court of Appeals vacated a NC court order that enforced a Belgian custody order. Father and Mother are parents to three children, all born in the United States. The family lived in Germany when the parties divorced and litigated custody. In … Read More about Case Update (7 Dec 2021): Aslund v. Oslund; registration of foreign custody order under UCCJEA
Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement
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In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary.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): Colchester v. Lazaro, ordering enforcement measures to ensure implementation of a return 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. This child had been the subject of a separate Hague Abduction return petition in 2018. In January 2020, Mr. Colchester … Read More about Case Update (2021): Colchester v. Lazaro, ordering enforcement measures to ensure implementation of a return order
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 (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process
On December 1, 2020, the Court of Appeals of the State of Washington, Division II, affirmed a Superior Court order that had the effect of refusing to recognize a Polish child support order.David and Eva Hedges are parents to two children. The Hedges divorced in Arizona, where they resolved … Read More about Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process
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): 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): Hamdan v. Freitekh; UCCJEA, Registration of Foreign Custody Order, Requirement of a Certified Copy
A parent can obtain a child-custody order from a foreign country, in substantial conformity with the jurisdictional provisions of the UCCJEA, and that child-custody order may then be registered in a U.S. state so that enforcement of it can be sought. In the case of Hamdan v. Freitekh, (Case … Read More about Case Update (2020): Hamdan v. Freitekh; UCCJEA, Registration of Foreign Custody Order, Requirement of a Certified Copy