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
Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras
On August 11, 2022, a Magistrate Judge in the Western District of Louisiana issued a Memorandum Ruling granting Ms. Ariza Lopez's request to return her dual citizen child to Honduras using the Hague Abduction Convention. Mr. Ash, who is not the child's biological parent, but is listed on the … Read More about Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras
Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
This summary is a little longer because it is the first case where I have seen Golan v. Saada cited and applied in a Hague Abduction Convention case since the Supreme Court opinion on June 15, 2022. As a quick note, Petitioner put forth evidence of ameliorative measures, the court did consider … Read More about Case Update (29 July 2022): Braude v. Zierler; application of Golan v. Saada, ameliorative measures would not be effective to protect children
Case Update (22 June 2022): De Souza Aredes v. Pereira Aredes; no clear and convincing evidence of grave risk; ameliorative measures in place
On June 22, 2022, the U.S. District Court for the D. of Mass. ordered a minor child, MPA, returned to her habitual residence of Brazil under the Hague Abduction Convention. MPA is the biological daughter of parents that had separated in November 2021, but remained legally married. Both parents … Read More about Case Update (22 June 2022): De Souza Aredes v. Pereira Aredes; no clear and convincing evidence of grave risk; ameliorative measures in place
Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary
The U.S. Supreme Court issued its unanimous opinion in Golan v. Saada, vacating the Second Circuit and remanding for further proceedings. The Court held that, "The Second Circuit’s categorical requirement to consider all ameliorative measures is inconsistent with the text and other express … Read More about Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary
Case Update (24 May 2022): Aldaba v. Marta; Respondent did not meet his burden to demonstrate grave risk; children returned under Hague Abduction Convention
The U.S. District Court for the D. of Kansas issued its written order, following an oral ruling, that the parties' four minor children are to be returned to Mexico. Their mother had sole custody of the children pursuant to a Mexican decree, but in August 2021, their father removed them from Mexico … Read More about Case Update (24 May 2022): Aldaba v. Marta; Respondent did not meet his burden to demonstrate grave risk; children returned under Hague Abduction Convention
Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention
Mr. Karim filed a petition for return of his 8-year old daughter from the USA to England on September 7, 2021. Ms. Nakato, the child's mother, had removed the child on or about September 1, 2020. The father, when he arrived home to their shared residence that day, found all the child's belongings … Read More about Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention
Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm
The parties are parents to two children. Both parents and both children are Mexican nationals, and had been residing in Mexico until the Mother removed the children from Mexico and settled them in Georgia with her new husband. The parties were previously divorced, and had signed an agreement that … Read More about Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm
Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention
Father and Mother are Venezuelan citizens with two children. Ms. Tescari, the children's mother, removed them from their home in Venezuela and brought them to the United States in 2018. On February 20, 2019, Mr. Salame petitioned for their return under the Hague Abduction Convention. On June 10, … Read More about Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention