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 (11 Jan 2022): Pawananun v. Petit; award of fees and other expenses not clearly inappropriate
Approximately one year ago, the U.S. District Court for the ND of Ohio ordered the parties' children returned to Thailand under the Hague Abduction Convention. Ms. Pawananun, the Petitioner, now requests her legal fees and expenses to be paid by Mr. Petit. ICARA requires the Respondent to pay … Read More about Case Update (11 Jan 2022): Pawananun v. Petit; award of fees and other expenses not clearly inappropriate
Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Petitioner, Ms. Wan, successfully secured a return order using the Hague Abduction Convention, for Mr. DeBolt to return their minor children to Hong Kong. On August 10, 2021, the U.S. District Court for the CD Illinois, ordered Mr. DeBolt to reimburse Ms. Wan attorneys' fees in the amount of … Read More about Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
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): Jacquety v. Baptista, prevailing respondent seeking reimbursement of costs in Hague Abduction case
On May 11, 2021, in the case of Jacquety v. Baptista, the U.S. District Court for the Southern District of New York denied Mr. Jacquety's request to have his child returned to Morocco under the Hague Abduction Convention. On July 19, 2021, the court addressed Ms. Baptista's request for costs … Read More about Case Update (2021): Jacquety v. Baptista, prevailing respondent seeking reimbursement of costs 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): Nissim v. Kirsh; Hague Abduction Convention, ICARA, fee-shifting, legal fees
On June 29, 2020, the U.S. District Court for the Southern District of New York issued an order for Ms. Orna Kirsh to pay fees and costs to Mr. Dror Nissim after Mr. Nissim prevailed in a Hague Abduction Convention return proceeding. The US implementing legislation for the Hague Abduction … Read More about Case Update (2020): Nissim v. Kirsh; Hague Abduction Convention, ICARA, fee-shifting, legal fees
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): Joya v. Gonzalez; Fees in 1980 Convention Cases
The U.S. District Court for the Eastern District of Louisiana issued an order on April 17, 2020 (Civil Action No. 20-236 Section M (5)) in the case of Joya v. Gonzalez fixing the fees due to Mr. Orellana Joya, the petitioner father who secured a return order of his child to Honduras. In the … Read More about Case Update (2020): Joya v. Gonzalez; Fees in 1980 Convention Cases