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fee-shifting

Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement

August 1, 2022

The parties are parents to one minor child. The Petitioner resided in Jamaica with the child, and the child visited the Respondent in New York each year. In 2020, the Respondent retained the child in New York at the end of a scheduled summer trip, arguing that COVID risks were greater in Jamaica. … Read More about Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement

Category iconabduction,  attorney fees,  Child Abduction,  fee-shifting,  Fees,  Hague Abduction Convention,  ICARA

Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case

August 16, 2021

On July 20, 2020, the 2nd Circuit upheld the Southern District of New York which ordered Mr. Grano and Ms. Martin's child returned to Spain. The child was returned on August 20, 2020. On March 5, 2021, Magistrate Judge Davison prepared a Report and Recommendation to the SDNY recommending attorney … Read More about Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case

Category iconattorney fees,  clearly inappropriate,  fee-shifting,  Fees,  Hague Abduction Convention,  ICARA,  Violence

Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner

July 22, 2021

On July 7, 2021, the U.S. District Court for the District of Maryland denied Mr. Hart's request for attorney fees on the papers. On November 22, 2019, Mr. Hart had successfully secured the return of his minor children to France using the Hague Abduction Convention. The parties met in Mali in … Read More about Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner

Category iconattorney fees,  Child Abduction,  clearly inappropriate,  fee-shifting,  Fees,  good faith,  Hague Abduction Convention,  unclean hands

Case Update (2021): Lukic v. Elezovic; No fees to the Prevailing Petitioner

May 18, 2021

The U.S. federal implementing legislation for the Hague Child Abduction Convention, the International Child Abduction Remedies Act, includes a fee-shifting provision that awards the prevailing Petitioner his or her fees and costs in a return proceeding, unless the Respondent demonstrates that such … Read More about Case Update (2021): Lukic v. Elezovic; No fees to the Prevailing Petitioner

Category iconabduction,  Child Abduction,  fee-shifting,  Fees,  Hague Abduction Convention,  ICARA

Case Update (2020): Stone v. Stone; attorney fee award in Hague Abduction return proceeding; no fees for the prevailing respondent

April 22, 2021

The U.S. District Court for the District of New Jersey, in Stone v. Stone, (2020 WL 491194) reaffirmed that a prevailing respondent in a Hague Abduction return proceeding is not entitled to an award of fees.  Specifically, ICARA section 9001, et. seq., requires the respondent to pay necessary … Read More about Case Update (2020): Stone v. Stone; attorney fee award in Hague Abduction return proceeding; no fees for the prevailing respondent

Category iconattorney fees,  Child Abduction,  fee-shifting,  Fees,  Hague Abduction Convention,  ICARA,  prevailing party

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