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enforcement

Case Update (29 Dec 2022): Gyger v. Clement; 2nd appeal on Mother’s attempt to register and enforce Swiss child support order in NC

January 10, 2023

Ms. Gyger filed another appeal surrounding her attempts to register a Swiss child support order in North Carolina. Ms. Gyger, a resident and citizen of Switzerland, had met Mr. Clement, a citizen of the USA and resident of North Carolina, in North Carolina where they resided together for about 8 … Read More about Case Update (29 Dec 2022): Gyger v. Clement; 2nd appeal on Mother’s attempt to register and enforce Swiss child support order in NC

Category iconchild support,  enforcement,  foreign child support order,  foreign reciprocating country,  registration

Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court

October 5, 2022

The parents, in this case, reached a settlement agreement related to Mr. Garzon's request to have the parties' two minor children returned to Colombia under the Hague Abduction Convention. As part of their settlement, the parents filed a request in the Circuit Court for Washtenaw County, Michigan, … Read More about Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court

Category iconabduction,  Child Abduction,  Contempt Proceedings,  enforcement,  Hague Abduction Convention,  jurisdiction,  subject matter jurisdiction,  voluntary agreement

Case Update (26 July 2022): Olson v. Olson; examination of UIFSA in determining jurisdiction to modify a foreign spousal support order

August 4, 2022

The parties, U.S. citizens, were married in 1998 in Pennsylvania, and later moved to the UK. On December 16, 2009, a court in the UK dissolved their marriage, and incorporated their November 19, 2009 consent order into its final judgment. The consent order was a separation agreement, which divided … Read More about Case Update (26 July 2022): Olson v. Olson; examination of UIFSA in determining jurisdiction to modify a foreign spousal support order

Category iconalimony,  child support,  enforcement,  foreign child support order,  Recognition

Case Update (24 May 2022): Makin v. Davis; Registration of UK custody order in Georgia

June 9, 2022

The Court of Appeals of Georgia reversed a trial court that had refused to register and enforce a UK custody order in Georgia. The opinion outlines some of the arguments both parents made. The arguments, themselves, are quite confusing and miss the mark. The court distilled the case as a simple … Read More about Case Update (24 May 2022): Makin v. Davis; Registration of UK custody order in Georgia

Category icondomesticate,  enforcement,  registration,  UCCJEA,  United Kingdom

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

February 22, 2022

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

Category iconabduction,  Child Abduction,  enforcement,  Hague Abduction Convention,  Mexico,  modification,  registration

Case Update (13 Jan 2022): Senay Akin v. Nedim Suljevic; returning a wrongfully retained child – Hague Abduction and UCCJEA paths

January 27, 2022

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

Category iconabduction,  Child Abduction,  enforcement,  Hague Abduction Convention,  registration,  UCCJEA

Case Update (7 Dec 2021): Aslund v. Oslund; registration of foreign custody order under UCCJEA

December 23, 2021

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

Category iconenforcement,  registration,  UCCJEA

Case Update (2021): Khan v. Hasan; validity of mahr in nikah agreement

September 16, 2021

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

Category iconEnforceability,  enforcement,  Islamic Marriage,  Islamic Marriage Contract,  Mahr,  nikah,  validity

Case Update (2021): In re Marriage of BK & LS; international relocation

May 11, 2021

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

Category iconabduction prevention,  Case Update,  Child Custody,  Child Relocation,  compliance,  Enforceability,  enforcement,  forum-shopping,  home state,  modification,  reciprocity,  Recognition,  subject matter jurisdiction,  UCCJEA

Case Update (2021): Colchester v. Lazaro, ordering enforcement measures to ensure implementation of a return order

March 11, 2021

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

Category iconenforcement,  Hague Abduction Convention,  implementation,  return order

Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree

March 4, 2021

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

Category iconcomity,  divorce,  domicile,  Enforceability,  enforcement,  idda,  Islamic Marriage,  mandamus,  Recognition,  sharia,  talaq

Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process

December 21, 2020

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

Category iconadult disabled child,  child support,  comity,  enforcement,  public policy,  Recognition,  registration

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