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
Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner
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
Case Update (2021): Lukic v. Elezovic; No fees to the Prevailing Petitioner
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
Case Update (2020): Stone v. Stone; attorney fee award in Hague Abduction return proceeding; no fees for the prevailing respondent
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