The petitioner was entitled to a reduced fee award for prevailing in the petition to return his minor child to Cyprus. Petitioner requested an award of $199,878.84. In determining what of this amount was "necessary," the court made note that Petitioner was not seeking money related to his expert, … Read More about Case Update (24 May 2023): Efthymiou v. Labonte, Hague Abduction attorney fees reduced for repetitive presentation of evidence, certain unnecessary costs, and respondent’s financial circumstances
Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case
The parties child was ordered returned to Spain. Petitioner sought reimbursement of fees and costs. The Respondent did not respond to Petitioner's request for fees and costs under ICARA, so she did not meet her burden to show that an award of fees was clearly inappropriate under the statute. … Read More about Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case
Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement
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
Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
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