The Court of Appeals of Indiana concluded that the trial court committed clear error when concluding that Germany was the children's habitual residence. The parents and two U.S. citizen children lived in an apartment in Germany from 2017 to December 2020. In 2019 and 2020, the parents had "a … Read More about Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”
Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain
In late January, after the U.S. District Court for the ED Texas found that Spain was the minor child's habitual residence, it granted Mr. Garcia's request to return the parties' minor child to Spain, and the court ordered that child returned. Ms. Ramsis, however, filed a motion for a new trial, and … Read More about Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain
Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky
On March 23, 2022, the Court of Appeals of Texas reversed a trial court's order that required the return of two children to Israel. This is the first case I have seen since Monasky v. Taglieri that has overturned the trial judge's finding of habitual residence. Father (a former Israeli … Read More about Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky
Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared
Mr. Solis filed his Petition for Return of his five-year-old daughter from Texas to Mexico on January 18, 2022. The trial was held on March 9 & 10, 2022, after which the court ordered the Child returned to Mexico. The main issues appear to revolve around the fact that both parents intended for … Read More about Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared
Case Update (18 Jan 2022): NY ex rel. BE; Writ of Habeas Corpus; Habitual Residence
On January 18, 2022, the Supreme Court of Kings County, NY denied a Father's petition for emergency jurisdiction to return his son to England, and his request for an opinion that England was the child's habitual residence. The parties are parents to one child, adopted in 2013. The family … Read More about Case Update (18 Jan 2022): NY ex rel. BE; Writ of Habeas Corpus; Habitual Residence
Case Update (18 Feb 2022): Kenny v. Davis; habitual residence under Hague Abduction Convention
In an unpublished Ninth Circuit opinion, the court affirmed the denial of Mr. Kenny's petition to return his son from Alaska to Ireland using the Hague Abduction Convention. The trial judge found that the United States, and not Ireland, was the minor child's habitual residence based on a … Read More about Case Update (18 Feb 2022): Kenny v. Davis; habitual residence under Hague Abduction Convention
Case Update (31 January 2022): Garcia v. Ramsis; return of child to Spain; no grave risk proven
Mr. Garcia is SJG's father. Ms. Ramsis is her mother. The child is a dual U.S.-Spanish national; Mr. Garcia is a Spanish national; and, Ms. Ramsis is an Egyptian national. SJG was born in 2018 in NY, and approximately 3 weeks after her birth, the family moved to Egypt for Mr. Garcia's employment. … Read More about Case Update (31 January 2022): Garcia v. Ramsis; return of child to Spain; no grave risk proven
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 (20 Dec 2021): Chigariro v. Gessen; habitual residence and understanding when countries are treaty partners under the Hague Abduction Convention
The U.S. District Court for the District of Massachusetts denied a petitioner's request to return her children to Zimbabwe, after concluding that Russia, and not Zimbabwe, was the child's habitual residence. The court gave an explanation of when the Hague Abduction Convention is in place between … Read More about Case Update (20 Dec 2021): Chigariro v. Gessen; habitual residence and understanding when countries are treaty partners under the Hague Abduction Convention
Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
The minor child at issue, SL, is currently living with her aunt and uncle in the Netherlands. In 2008, the child's mother passed away, and the father remarried. In May 2011, a Dutch family court granted parental authority of the child to the child's father and stepmother. The three proceeded to … Read More about Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
Case Update (2021): Arnaldur Schram v. Tania Zarak; Hague Abduction return petition; habitual residence
On November 2, 2021, the SDNY ordered the parties' two eldest children returned to Iceland. This blog post is a little lengthy because the issue at hand is habitual residence, which now involves a totality-of-the-circumstances analysis. Mr. Schram (Icelandic) and Ms. Zarak (Mexican) both … Read More about Case Update (2021): Arnaldur Schram v. Tania Zarak; Hague Abduction return petition; habitual residence
Case Update (2021): Harm v. Lake-Harm; Hague Abduction; habitual residence
On October 21, 2021, the U.S. Court of Appeals for the Fifth Circuit affirmed the ED of Louisiana in its denial of Mr. Christopher Harm's request to return his child to Ireland using the Hague Abduction Convention. The case, in many respects, is relatively straight forward. The appellate issue … Read More about Case Update (2021): Harm v. Lake-Harm; Hague Abduction; habitual residence