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Family Law Across Borders

International Family Law Resources

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Evidence

Case Update (26 May 2023): Silva v. Dos Santos; district court applied the wrong standard in weighing evidence of grave risk, and therefore the order returning the child is vacated and case remanded

May 27, 2023

The U.S. Court of Appeals for the Eleventh Circuit vacated and remanded a district court order returning the parties' minor child to Brazil. At trial, the mother/respondent argued that returning the child would expose her to a grave risk of harm. She testified about different incidents of abuse and … Read More about Case Update (26 May 2023): Silva v. Dos Santos; district court applied the wrong standard in weighing evidence of grave risk, and therefore the order returning the child is vacated and case remanded

Category iconabduction,  Burden,  Child Abduction,  Evidence,  Hague Abduction Convention

Case Update (20 Oct 2022): U.S. v. Buff; Court may require deposition in France outside of the Evidence Convention

October 24, 2022

This case is not a family law case, but has key legal issues relevant to the international family law practitioner. The Plaintiff, the United States, accused Ms. Buff of failing to report financial interest in certain foreign bank accounts from 2006-2008. It seeks unpaid civil penalties in the … Read More about Case Update (20 Oct 2022): U.S. v. Buff; Court may require deposition in France outside of the Evidence Convention

Category icondeposition,  Evidence

Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof

January 20, 2022

On January 7, 2022, the First Circuit affirmed the U.S. District Court for the District of Massachusetts's return of Mr. Vieira's 7-year-old son from Massachusetts to Brazil. Ms. De Souza argued, on appeal, that the court erred when it concluded that the grave risk exception did not apply and in … Read More about Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof

Category iconabduction,  Burden,  Child Abduction,  Evidence,  Grave Risk,  Hague Abduction Convention,  mature child,  pro se,  self-represented

Case Update (27 Dec 2021): In re. Request for Judicial Assistance from Embassy of Egypt; 1782 Action; International Discovery in Foreign Divorce Litigation

January 13, 2022

Ms. Hagar Abdo Hassan, who lives in Egypt, is seeking spousal support in the Egyptian courts from her ex-husband. Her ex-husband, living and working in Michigan, chose not to participate in the Egyptian proceedings. The Egyptian Family Court sent a letter rogatory to the U.S. Department of State, … Read More about Case Update (27 Dec 2021): In re. Request for Judicial Assistance from Embassy of Egypt; 1782 Action; International Discovery in Foreign Divorce Litigation

Category icon1782,  Discovery,  Evidence

Treaty Update (2021): Hague Evidence Convention: Georgia and Vietnam

October 12, 2021

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

Category iconEvidence

Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required

December 7, 2020

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

Category iconChild Abduction,  Discovery,  Evidence,  evidentiary hearing,  Habitual Residence,  Hague Abduction Convention,  intent,  Monasky,  parental intent

Case Update (2020): In re Akhmedova; 28 USC 1782 and gathering evidence in the U.S. in support of a foreign divorce proceeding

November 25, 2020

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

Category icon1782,  Discovery,  Evidence,  foreign divorce

Case Update (2020): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction

September 10, 2020

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

Category iconabduction,  Case Update,  Child Abduction,  Enforceability,  Evidence,  home state,  Recognition,  temporary absence,  UCCJEA

Case Update (2020): Farr v. Kendrick; application of habitual residence using the Monasky standard

September 8, 2020

 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

Category icon1980 Convention,  abduction,  Case Update,  Child Abduction,  Evidence,  Habitual Residence

Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention

August 20, 2020

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

Category icon1980 Convention,  abduction,  Burden,  Case Update,  Child Abduction,  Evidence,  Grave Risk,  mature child,  objection

Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings

July 30, 2020

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

Category icon1980 Convention,  Case Update,  Child Abduction,  Evidence,  Grave Risk,  Habitual Residence,  undertakings

Case Update (2020): Claflin v. Claflin; Comity, Foreign Marriage, Void Marriage

July 16, 2020

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

Category iconcomity,  dissolution,  divorce,  due process,  Evidence,  jurisdiction

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