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
Case Update (2021): Thompson v. Russia, European Court of Human Rights, Hague Abduction Convention, Article 13(b) and Article 8 Right to Family Life
On March 30, 2021, the European Court of Human Rights, in Case of Thompson v. Russia, weighed in on a Hague Abduction case filed in Russia, seeking the return of a minor child to Spain. At the trial level court in Russia, the court rejected the return petition on the basis that returning the … Read More about Case Update (2021): Thompson v. Russia, European Court of Human Rights, Hague Abduction Convention, Article 13(b) and Article 8 Right to Family Life
Case Update (2021): Saada v. Golan; Mr. Saada’s Response to Ms. Golan’s Petition for Writ of Cert to the U.S. Supreme Court
On March 1, 2021, Mr. Saada filed his response to Ms. Golan's petition to the U.S. Supreme Court, where she asked the court to answer "Whether, upon finding that return to the country of habitual residence places a child at grave risk, a district court is required to consider ameliorative measures … Read More about Case Update (2021): Saada v. Golan; Mr. Saada’s Response to Ms. Golan’s Petition for Writ of Cert to the U.S. Supreme Court
Case Update (2021): Lukic v. Elezovic; summary judgment granted and child returned under Hague Abduction Convention
On February 9, 2021, in the case of Lukic v. Elezovic, the U.S. District Court for the ED of NY ordered the minor child returned to Montenegro after both parties filed motions for summary judgment. The court reviewed memorandums and affidavits, and issued its order granting the father's … Read More about Case Update (2021): Lukic v. Elezovic; summary judgment granted and child returned under Hague Abduction Convention
Case Update (2020): Romero v. Bahamonde; Hague Abduction; mature child, burden to prove exceptions on Respondent
On November 19, 2020, the US District Court for the M.D. of Georgia issued its opinion, denying Mr. Romero's request to return his two children to Chile. In December 2017, Mr. Romero brought the parties' 2 children to Florida to see his mother, with the intention of remaining until March … Read More about Case Update (2020): Romero v. Bahamonde; Hague Abduction; mature child, burden to prove exceptions on Respondent
UK Update (2021): G v. G; The Hague Abduction Convention and its impact on a request for asylum – the UK experience
The UK Supreme Court heard oral argument this week in the case of G v. G, on the complex issue of a child's asylum claim and a parent's request to return that child using the Hague Abduction Convention to the country that the child is trying to escape. You can find the case details here. … Read More about UK Update (2021): G v. G; The Hague Abduction Convention and its impact on a request for asylum – the UK experience
Case Update (2021): Alfonso VH v. Christina AZ; Hague Abduction Return Petition, Now Settled Exception
On January 8, 2021, the U.S. District Court for the Western District of Virginia denied a return petition brought under the Hague Abduction Convention in the case of Alfonso VH v. Christina AZ on the basis that the minor child is now settled in the United States.The court found that the … Read More about Case Update (2021): Alfonso VH v. Christina AZ; Hague Abduction Return Petition, Now Settled Exception
Case Update (2020): Pawananun v. Pettit; child abuse should be serious and well-documented to be considered as a grave risk of harm
In the case of Pawananun v. Pettit, the U.S. District Court returned the parties' two daughters to their habitual residence of Thailand. The parties stipulated that the father, Mr. Pettit, had wrongfully removed the parties' children from Thailand. Mr. Pettit focused on arguing … Read More about Case Update (2020): Pawananun v. Pettit; child abuse should be serious and well-documented to be considered as a grave risk of harm
Case Update (2020): In re MVU; Hague Abduction Convention and Article 13(b) grave risk due to domestic violence towards the taking parent
In the recent case of In re MVU, the Appellate Court of Illinois affirmed an order refusing return of a minor child to its habitual residence of Mexico because that would present a grave risk of harm to the child based on the father's domestic violence of the mother. The court in opining … Read More about Case Update (2020): In re MVU; Hague Abduction Convention and Article 13(b) grave risk due to domestic violence towards the taking parent
Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance
The Second Circuit addressed a 2nd appeal in the Saada v. Golan case on October 28, 2020, and affirmed Judge Donnelly's May 5, 2020 order to return the minor child to Italy. As a reminder, this family has been litigating the father's Hague Abduction Convention return petition up and down the … Read More about Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance