In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary. The order had a variety of "measures" in it that were intended to ensure the California order's enforcement. The … Read More about Case Update (2021): In re Marriage of BK & LS; international relocation
Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity
Thamilselvan v. Thamilselvan reads like a law school exam question. The spouses, both Indian citizens had lived in Michigan with their daughter since 2000. They owned a house. In December 2017, the Wife and daughter left the marital home. In February 2018, the Wife sought a … Read More about Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity
Case Update (2020): US v. Mobley; International Criminal Kidnapping, Extortion, Restitution
A recent 10th Circuit Case, United States v. Mobley, addressed an appeal of a crime that related back to the mother's abduction of her children to Russia.Mobley (Father) and Osipova (Mother) had a daughter. Shortly after Mobley filed for divorce in Kansas, Osipova abducted their … Read More about Case Update (2020): US v. Mobley; International Criminal Kidnapping, Extortion, Restitution
Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
On August 19, 2020, the Third District Court of Appeal for the State of Florida, in Vicario v. Blanch, reversed the trial court's order staying a dissolution proceeding in lieu of a dissolution proceeding in Spain. The parties have a complicated timeline of court filings in both … Read More about Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
The Derbez v. Derbez divorce matter reminds lawyers that they must be familiar with their jurisdiction’s rules, procedures, and deadlines, and understand the complexity of the recognition and enforcement of foreign judgments. Mr. Derbez pursued a divorce from his wife in Mexico, where he … Read More about Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
Case Update (2020): Cordoba v. Mullins; 1980 Hague Abduction Convention, Abstention Doctrine
The June 23, 2020 opinion in Cordoba v. Mullins raises an interesting abstention issue between a State Court divorce and protection order case and a Federal Hague Abduction return petition. Ms. Mullins (Mother) allegedly absconded with the parties’ two minor children to Illinois on … Read More about Case Update (2020): Cordoba v. Mullins; 1980 Hague Abduction Convention, Abstention Doctrine
Case Update (2020): Russello v. Russello; Simultaneous Actions, Separation vs. Divorce, and Recognition as a matter of Comity
Two Italian nationals met, married in Italy, and then subsequently moved to the United States, where they made their marital home for 40 years, and had their children. Both became US nationals. On a trip to Italy in 2015, the spouses had a dispute, and the Husband returned to the United States … Read More about Case Update (2020): Russello v. Russello; Simultaneous Actions, Separation vs. Divorce, and Recognition as a matter of Comity
Case Update (2020): Kwon v. Park; Divorce, Simultaneous Proceedings, and Forum-Shopping
The Court of Appeal of the State of California (4th Appellate District - Division 3) issued an unpublished opinion on April 24, 2020 in Kwon v. Park (G057226) addressing a variety of issues in a couple’s multi-jurisdictional divorce. Ms. Kwon and Mr. Park are embroiled in divorce … Read More about Case Update (2020): Kwon v. Park; Divorce, Simultaneous Proceedings, and Forum-Shopping