The parties are parents to a minor child who was retained by the Respondent Mother in New Jersey at the end of a December 2021 trip. After some procedural hiccups, the Petitioner Father filed and then served his amended petition to request the minor child's return to Colombia in or around August 7, … Read More about Case Update (30 April 2023): Watts-Farmer v. Cortes; affirming ne exeat as a right of custody; protective order that was ignored by parent presents a grave risk
Case Update (13 April 2023): Johnson v. Johnson; mature child objects to return to Bahamas and would be exposed to harm if returned; USA became child’s habitual residence
SJ's parents filed a return petition under the Hague Abduction Convention on or about August 2022 against SJ's aunt and uncle in Colorado to return their 15-year-old daughter to the Bahamas. On July 15, 2021, the Petitioner Parents executed a notarized affidavit to allow SJ to travel to … Read More about Case Update (13 April 2023): Johnson v. Johnson; mature child objects to return to Bahamas and would be exposed to harm if returned; USA became child’s habitual residence
Case Update (18 April 2023): Figueredo v. Rojas; Child is now settled, and therefore will not be returned pursuant to Father’s Hague Abduction Convention return request
On April 18, 2023, the U.S. District Court for the MD of Florida denied Mr. Figueredo’s request to return his minor child to Venezuela. The parties stipulated to the Father’s prima facie case of wrongful removal. At trial, Mother argued that returning the child to Venezuela would expose the child … Read More about Case Update (18 April 2023): Figueredo v. Rojas; Child is now settled, and therefore will not be returned pursuant to Father’s Hague Abduction Convention return request
Case Update (12 April 2023): Saavedra v. Montoya; abuse of the Taking Parent was insufficient to prove a grave risk to the child
Petitioner Father sought the return of his minor child to Colombia after the Respondent Mother wrongfully retained the child from Colombia in New York. The only issue at trial in May 2022 was whether it would expose the child to a grave risk of harm to return the child to Colombia. The parents … Read More about Case Update (12 April 2023): Saavedra v. Montoya; abuse of the Taking Parent was insufficient to prove a grave risk to the child
Case Update (7 Mar 2023): RBKC v. Bafna-Louis; Standing to bring return petition by institution claiming a right of custody, mature child objection in un-transcribed interview
The Royal Borough of Kensington and Chelsea (RBKC), who was the guardian of two minor children after child protection proceedings, brought a Hague Abduction return petition in the Southern District of New York against the children's mother. The Court confirmed that RBKC had standing under Article 8 … Read More about Case Update (7 Mar 2023): RBKC v. Bafna-Louis; Standing to bring return petition by institution claiming a right of custody, mature child objection in un-transcribed interview
Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there
Petitioner Father's request to return the parties' two minor children to Canada was denied after a 2-day evidentiary hearing in the U.S. District Court for the M.D. of Florida, an in-camera interview of the children, and written closing arguments. The family had lived in Florida for a significant … Read More about Case Update (13 February 2023): Watson v. Watson; Canadian family living in US forced to return to Canada when Dad was deported, did not shift their habitual residence from US to Canada after over a year of living there
Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
On November 21, 2022, the 9th Circuit heard oral arguments on the matter of Radu v. Shon, which involves a father's request to return the parties' two children to Germany using the Hague Abduction Convention. In September 2020, the district court ordered the children returned with an ameliorative … Read More about Case Update (9 Jan 2023): Radu v. Shon; district court clarifies its return order for 9th Circuit
Case Update (21 Dec 2022): Bikundwa v. Ruyenzi; Children ordered returned to Petitioner in Belgium
The parties are parents to 2 teenage, high-school children, who were both born in Belgium and had lived their entire lives in Belgium until July 2022, at which time they traveled to Washington State to spend time with their father, with a scheduled return date and return ticket for August 16, 2022. … Read More about Case Update (21 Dec 2022): Bikundwa v. Ruyenzi; Children ordered returned to Petitioner in Belgium
Case Update (21 Nov 2022): Radu v. Shon; arguments before the 9th Circuit Court of Appeals
On November 21, 2022, the Ninth Circuit Court of Appeals conducted oral arguments in the Hague Abduction Convention case of Radu v. Shon. This case is before the Ninth Circuit for the second time. There have been three orders requiring Ms. Shon to return the parties' children, and the key issue … Read More about Case Update (21 Nov 2022): Radu v. Shon; arguments before the 9th Circuit Court of Appeals
Case Update (17 Sept 2022): Rodriguez v. Molina; return ordered despite child having been physically disciplined by Petitioner in past
The child's father, Mr. Molina, removed the minor child from Honduras by walking with the child through Mexico and paying smugglers to transport him and the child across the Mexico-U.S. border. The child's mother, Ms. Rodriguez, filed a request to have the minor child returned to Honduras. The … Read More about Case Update (17 Sept 2022): Rodriguez v. Molina; return ordered despite child having been physically disciplined by Petitioner in past
Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention
On September 19, 2022, the U.S. District Court for the Eastern District of Missouri ordered the parties' minor child returned to her habitual residence of Japan. The child's father filed his return petition in the court on April 12, 2022. The court found that the child's mother removed the child … Read More about Case Update (19 Sept 2022): Tsuruta v. Tsuruta; Child returned to Japan under Hague Abduction Convention
Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy
As most international family law practitioners now know, the U.S. Supreme Court handed down an opinion on June 15, 2022 in the matter of Golan v. Saada, a Hague Abduction Convention matter that revolved around the grave risk of harm exception to returning children under that treaty. In that Supreme … Read More about Case Update (31 Aug 2022): Saada v. Golan Remand; Minor Child Ordered Returned to Italy