On January 7, 2022, the First Circuit affirmed the U.S. District Court for the District of Massachusetts's return of Mr. Vieira's 7-year-old son from Massachusetts to Brazil. Ms. De Souza argued, on appeal, that the court erred when it concluded that the grave risk exception did not apply and in … Read More about Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof
Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Mr. Tchenguiz is seeking the return of his child to England through the Hague Abduction Convention. There are apparently three legal issues at dispute in this case, which had been set for trial for January 10, 2022 (after a continuance of a December trial date based on Respondent's new arguments in … Read More about Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
The saga of Mr. Radu and Ms. Shon continues with a new trial court opinion on December 30, 2021. On September 17, 2020, the U.S. District Court for the District of Arizona previously issued an order granting Mr. Radu's request to have his children returned to Germany. The court opined that the … Read More about Case Update (30 Dec 2021): Radu v. Shon; grave risk, alternative remedies enforceable in habitual residence
Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
In July 2021, the SDNY ordered the Velozny children returned to Israel. Ms. Velozny (Respondent) appeals to the 2nd Circuit. She "challenges the district court’s order and judgment to the extent that it declined to apply one of th[e] affirmative defenses, i.e., the grave risk of harm exception, as … Read More about Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
On February 26, 2021, in the matter of Colchester v. Lazaro, the U.S. District Court for the W.D. of Washington ordered the parties’ 6-year-old child returned to Spain. On October 22, 2021, the Ninth Circuit vacated and remanded. At trial, Ms. Lazaro argued that the child would be at grave risk … Read More about Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order
Case Update (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition
On October 28, 2021, the U.S. Acting Solicitor General filed a brief in the case of Saada v. Golan, taking the position that the U.S. Supreme Court should grant Ms. Golan's petition for writ of certiorari. As a reminder, this case addresses whether a court must determine if there are … Read More about Case Update (2021 Oct 28): Saada v. Golan; U.S. Government’s Brief on Cert Petition
Case Update (2021): Saada v. Golan; 2nd Circuit Affirms return order after Rule 60(b) ruling
While Mr. Saada and Ms. Golan await word from the U.S. Supreme Court as to Ms. Golan's request for a writ of certiorari, the Second Circuit rendered yet another opinion on October 18, 2021. In its opinion, it again affirmed Judge Donnelly's order out of the EDNY, returning the parties' minor child … Read More about Case Update (2021): Saada v. Golan; 2nd Circuit Affirms return order after Rule 60(b) ruling
Case Update (2021): Radu v. Shon; Remand on Likelihood of Performance of Alternative Remedies
On August 31, 2021, the 9th Circuit remanded to the U.S. District Court for the District of Arizona to address the likelihood that the alternative remedies it crafted in its order returning the parties' children to Germany were likely to be performed. As a reminder, in September 2020, the U.S. … Read More about Case Update (2021): Radu v. Shon; Remand on Likelihood of Performance of Alternative Remedies
Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
In September 2020, the U.S. District Court for the District of Arizona ordered that Mr. Radu and Ms. Shon's two children be returned to Germany, but, because the court concluded returning the children to Mr. Radu would present a grave risk of psychological harm, the court ordered that "Shon shall … Read More about Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk
The Nobrega/Colmenares family, all Venezuelan nationals, resided in Venezuela. When the parents separated, they initially exercised a schedule where Mr. Nobrega would see his son every week and where they shared parental responsibility. Ms. Colmenares began expressing concerns that their son would … Read More about Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk
Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
The SDNY granted Mr. Velozny's motion for summary judgment on July 22, 2021, and ordered his minor children returned to Israel. The focus of the court was primarily on Ms. Velozny's argument of certain exceptions to returning the children, after it was clear that Mr. Velozny had met the burden … Read More about Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned