On October 4, 2021, the United States accepted the accession of Georgia and Vietnam to the Hague Evidence Convention. The treaty will enter into force between the U.S. and both countries on December 3, 2021. You can refer to the Hague Conference on Private International Law's Evidence Section by … Read More about Treaty Update (2021): Hague Evidence Convention: Georgia and Vietnam
Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
The 10th Circuit affirmed the Pope v. Lunday decision on November 20, 2020. Ms. Lunday, pregnant with twins, returned to her home of Oklahoma from Brazil. The twins were born in Oklahoma, and shortly after, Mr. Pope filed suit under the 1980 Hague Abduction Convention, seeking the twins' … Read More about Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding
Tatiana Akhmedova filed an ex parte request of the U.S. District Court for the Western District of Texas, using 28 USC 1782 to seek certain evidence in support of her English divorce action. Tatiana alleges that the English courts have ordered certain money judgments and transfers of property … Read More about Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding
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): Farr v. Kendrick; application of habitual residence using the Monasky standard
On August 20, 2020, the Ninth Circuit affirmed the U.S. District Court for the District of Arizona in Farr v. Kendrick, which had denied Mr. Farr's petition to have his children returned to Mexico using the Hague Abduction Convention.The district court concluded that the United States, not … Read More about Case Update (2020): Farr v. Kendrick; application of habitual residence using the Monasky standard
Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention
In the case of Colon v. Mejia Montufar, the U.S. District Court denied the Father’s request to return his minor child to Guatemala. The parties had stipulated that the Father met his burden of presenting a prima facie case of wrongful removal, but the Mother presented two exceptions to … Read More about Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention
Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings
The U.S. Court of Appeals for the 2nd Circuit recently affirmed a return order issued pursuant to the Hague Abduction Convention in the Grano v. Martin matter. The Respondent Mother appealed on three points. First, she argued that the trial court misapplied the Monasky v. Taglieri test … Read More about Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings
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): Joya v. Gonzalez; Attorney Fees and Costs in 1980 Convention Cases
Over the past few months, there have been several cases that have addressed the issue of legal fees and costs to be paid by a Taking Parent as part of a successful return order under the Hague Abduction Convention. The International Child Abduction Remedies Act includes a fee-shifting … Read More about Case Update (2020): Joya v. Gonzalez; Attorney Fees and Costs in 1980 Convention Cases
Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
On April 23, 2020, the U.S. District Court for the Western District of Michigan (Southern Division) issued an opinion on remand from the 6th Circuit in the case of Moreno v. Zank (No. 1:17-cv-732) to pinpoint the moment in time when the minor child was wrongfully retained by her father in … Read More about Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
HCCH Update: Evidence Convention – New Guide on Use of Video-Link
On April 16, 2020, the Hague Conference on Private International Law published its newest Guide to Good Practice under the Evidence Convention. This publication looks at the development of video-links in taking evidence overseas using the Evidence Convention. It outlines good practices … Read More about HCCH Update: Evidence Convention – New Guide on Use of Video-Link
Case Update (2020): In re. Mariani; Discovery for a Foreign Proceeding – In Re. Mariani
The U.S. District Court for the Southern District of New York issued an opinion in In Re. Mariani (20 Misc. 152) on April 16, 2020 where it granted Lorenzo Mariani's petition under 28 U.S.C. 1782 to serve a subpoena duces tecum on Citibank, N.A. to obtain documents to use in his divorce proceeding … Read More about Case Update (2020): In re. Mariani; Discovery for a Foreign Proceeding – In Re. Mariani