On June 30, 2021, the Court of Appeals of Iowa affirmed the trial court's dismissal of Ms. Pitcairn's petition for marriage dissolution on the basis of forum non conveniens. Ms. Pitcairn and Mr. Renaud married in France in 2005, lived most of their marriage in France, Mr. Renaud is French and Ms. … Read More about Case Update (2021): In re Marriage of Pitcairn; inconvenient forum, divorce petition dismissed
Case Update (2021): Koivu v. Koivu; inconvenient forum under UCCJEA
In the unreported opinion of Koivu v. Koivu, the Minnesota Court of Appeals addressed the issue of whether Minnesota should decline jurisdiction over the Koivu children's custody because it was an inconvenient forum as compared to Finland. The couple lived in Minnesota for the better part of … Read More about Case Update (2021): Koivu v. Koivu; inconvenient forum under UCCJEA
Case Update (2020): Cortez v. Cortez; UCCJEA, connections sufficient to maintain continuing, exclusive jurisdiction to modify a custody order
The Court of Appeals of Texas, Houston affirmed the trial court in Cortez v. Cortez on December 29, 2020, which found that Texas no longer had continuing, exclusive jurisdiction to modify its custody order.Mr. and Ms. Cortez are parents to two sons, both born in Texas, but who moved to Mexico a few … Read More about Case Update (2020): Cortez v. Cortez; UCCJEA, connections sufficient to maintain continuing, exclusive jurisdiction to modify a custody order
Case Update (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas
The Superior Court of Pennsylvania, in JS v. RSS, addressed an issue of an international relocation and a U.S. court's subject matter jurisdiction over a custody modification action. The facts are long and twisted, but the salient ones are: the parents divorced in 2015. The father sought … Read More about Case Update (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas
Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction
On July 6, 2020, the Court of Appeal of the State of California issued an opinion in the case of L.A. Cnty. Dep't of Children & Family Servs. v. MH. At issue, in this case, is a minor child who had been in a shelter in Mexico, and was then transferred to his maternal grandmother in … Read More about Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction
Case Update (2020): Federbush v. Shah; Simultaneous Divorce Actions, Forum Non Conveniens
In a March 2, 2020 opinion by the Supreme Court in New York County in Federbush v. Shah (2020 NY Slip Op 50300(U)), the court addressed a multi-jurisdictional divorce suit between a couple that had married in Thailand 8 years earlier. The couple had signed a prenuptial agreement on the same … Read More about Case Update (2020): Federbush v. Shah; Simultaneous Divorce Actions, Forum Non Conveniens