I will no doubt be using this case, In Re Marriage of Margain, as an exam question for my law students. Mother and Father married in Mexico in 2007, and had their child in California in 2008. In 2010, and for at least a year and a half, the Mother and child moved to and lived in Mexico. The … Read More about Case Update (2021): In Re Marriage of Margain; UCCJEA and a foreign country’s declination of jurisdiction
Case Update (2021): Minkiewitz v. Becker; habitual residence, no clear error
On February 11, 2021, in the unpublished opinion of Minkiewitz v. Becker, the Court of Appeal of California affirmed the return of a minor child to Mexico under the Hague Abduction Convention. The parties are parents to a 7-year-old son, all are U.S. citizens, and were living on their … Read More about Case Update (2021): Minkiewitz v. Becker; habitual residence, no clear error
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
Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence
The Middle District of Tennessee examined the issue of habitual residence in a "retention" case under the 1980 Hague Abduction Convention in Rodriguez v. Fernandez. In this case, the court weeded through inconsistent testimony taken by remote technology through interpreters and messages that … Read More about Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence
Case Update (2020): Monasky v. Taglieri; Washington Foreign Law Society program on Habitual Residence
The Washington Foreign Law Society was founded in 1952 and promotes knowledge and understanding of international legal matters, comparative law issues, and foreign law. The organization, centered in the robust legal community of Washington, D.C., produces fantastic programs. On … Read More about Case Update (2020): Monasky v. Taglieri; Washington Foreign Law Society program on Habitual Residence
Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived
The recent 1980 Hague Abduction case of De Carvalho v. Carvalho Pereira focused on two key issues: the children's habitual residence and whether the children were now settled in the United States. The District Court of Appeal of Florida affirmed the trial court's order to return both children … Read More about Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived
Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
The 10th Circuit affirmed the Pope v. Lunday decision on November 20, 2020. Ms. Lunday, pregnant with twins, returned to her home of Oklahoma from Brazil. The twins were born in Oklahoma, and shortly after, Mr. Pope filed suit under the 1980 Hague Abduction Convention, seeking the twins' … Read More about Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child
The U.S. District Court for the District of New Jersey ordered 2 children returned to El Salvador on October 30, 2020 in the case of Re: JCC v. LC (Civil Action No. 19-21889). There are a few interesting statements by the court worth mentioning in a blog post. First, the Court, at no … Read More about Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child
Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding
The case of Schwartz v. Hinnendael gives an interesting assessment of both the Monasky habitual residence standard and the grave risk of harm analysis. I suggest reading the actual case to get the best view of how the court weighed all the facts and reached its conclusion. I think the … Read More about Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding
Case Update (2020): Forcelli v. Smith; Hague Abduction, Habitual Residence
On August 25, 2020, the U.S. District Court for the District of Minnesota ordered a minor child returned to Germany in the case of Forcelli v. Smith under the Hague Abduction Convention. The key issue was whether Germany was the child's habitual residence. In or about August 2019, the … Read More about Case Update (2020): Forcelli v. Smith; Hague Abduction, Habitual Residence
Case Update (2020): Smith v. Smith; Application of Monasky “Totality of the Circumstances” Habitual Residence Test
The U.S. Court of Appeals for the Fifth Circuit recently had the opportunity to apply the Monasky v. Taglieri habitual residence test in the case of Smith v. Smith. The parents and children, all U.S. citizens, were residing in Argentina, when the mother traveled with the children to Texas … Read More about Case Update (2020): Smith v. Smith; Application of Monasky “Totality of the Circumstances” Habitual Residence Test
Case Update (2020): Farr v. Kendrick; application of habitual residence using the Monasky standard
On August 20, 2020, the Ninth Circuit affirmed the U.S. District Court for the District of Arizona in Farr v. Kendrick, which had denied Mr. Farr's petition to have his children returned to Mexico using the Hague Abduction Convention.The district court concluded that the United States, not … Read More about Case Update (2020): Farr v. Kendrick; application of habitual residence using the Monasky standard