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
Case Update (2021): Nowlan v. Nowlan, interplay of multiple proceedings in 2 countries
On June 10, 2021, the U.S. District Court for the W.D.Va. granted Bryce Nowlan's request to have his daughter AEN returned to Canada using the Hague Abduction Convention. The child is the subject of competing custody cases in Virginia and Canada, and was already the subject of a prior Hague … Read More about Case Update (2021): Nowlan v. Nowlan, interplay of multiple proceedings in 2 countries
Case Update (2021): Jacquety v. Baptista; Grave Risk related to Child’s PTSD
The Southern District of NY refused Mr. Jacquety's request to have his child EJ returned to Morocco under the Hague Abduction Convention. The parties stipulated that Mr. Jacquety met his burden for Petitioner's case. Ms. Baptista argued one exception to the child's return: that a return would place … Read More about Case Update (2021): Jacquety v. Baptista; Grave Risk related to Child’s PTSD
Case Update (2021): Wan v. DeBolt; Hague Abduction Convention; Hong Kong’s Political Climate does not make out Article 13(b) or Article 20 exception
Petitioner Mother, Ms. Wan, sought the return of her two minor children to Hong Kong. She accused their father, Mr. DeBolt, of wrongfully retaining the children after bringing them to Illinois for what was scheduled as a vacation to visit family. The District Court for the CD of IL, after … Read More about Case Update (2021): Wan v. DeBolt; Hague Abduction Convention; Hong Kong’s Political Climate does not make out Article 13(b) or Article 20 exception
Case Update (2021): Emilie DLM v. Carlos C; Hague Abduction; Grave Risk and Ameliorative Measures
On April 29, 2021, the Court of Appeal of California, in an unpublished opinion, affirmed the denial of Carlos' Hague Abduction return petition. Emilie and Carlos met at UC Davis Law, subsequently married and had two children. In September 2016, they moved to Carlos' hometown in Chile. Towards … Read More about Case Update (2021): Emilie DLM v. Carlos C; Hague Abduction; Grave Risk and Ameliorative Measures
Case Update (2021): Valenzuela v. Cruz; grave risk; right of custody
On March 25, 2021, in the case of Valenzuela v. Cruz, the U.S. District Court for MD of Florida granted Mr. Valenzuela's petition to return his daughter, MVC, to Mexico. The parties are parents to one child, who was born while they were living in Florida in 2015. A year after her … Read More about Case Update (2021): Valenzuela v. Cruz; grave risk; right of custody
Case Update (2021): Sanchez v. Sanchez, grave risk of harm, domestic violence, corporal punishment, and trauma
On March 31, 2021, in Sanchez v. Sanchez, the U.S. District Court for the MD of NC, denied Mr. Sanchez's request to return his 8-year-old daughter to Honduras stating that it would present a grave risk of harm to the child. Ms. Sanchez made three separate grave risk arguments: (1) domestic … Read More about Case Update (2021): Sanchez v. Sanchez, grave risk of harm, domestic violence, corporal punishment, and trauma
Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
On March 15, 2021, in the case of Pozniak v. Shwartsman, the U.S. District Court for the EDNY ordered a minor child to be returned to Israel under the Hague Abduction Convention. Ms. Pozniak (a Ukrainian national) and Mr. Shwartsman are unmarried parents to one 9-year-old child, … Read More about Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General
On April 5, 2021, the U.S. Supreme Court invited the Acting Solicitor General to file a brief in the case of Golan v. Saada, to express the views of the United States. This blog has featured a variety of updates on this case over the past year. The issue presented to the Supreme Court … Read More about Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General