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
Case Update (2021): Dumitrascu; Motion for Stay of Return Order
Mr. Dumitrascu filed a motion to stay the U.S. District Court's order returning his minor child to Romania. You can review the court's analysis when ordering the child returned here. Mr. Dumitrascu's motion focuses on his argument that the United States, and not Romania, was the minor child's … Read More about Case Update (2021): Dumitrascu; Motion for Stay of Return Order
Case Update (2021): Pflucker v. Warms; habitual residence
On October 6, 2021, the U.S. District Court for the Middle District of Florida denied Dr. Pflucker's petition to have her two minor children returned to Peru. The court concluded that the United States, not Peru was the children's habitual residence. The facts of this case focus on whether Lt. … Read More about Case Update (2021): Pflucker v. Warms; habitual residence
Case Update (2021): Ruiz Oliva v. Espinoza; Hague Abduction return petition; habitual residence
Mr. Ruiz Oliva's Petition for return of his son to Mexica was denied. The court concluded that the United States, and not Mexico, was the child's habitual residence. In making this threshold finding, the court did not opine on whether any exceptions, argued by Ms. Espinoza, were met. On … Read More about Case Update (2021): Ruiz Oliva v. Espinoza; Hague Abduction return petition; habitual residence
Case Update (2021): Douglas v. Douglas; habitual residence of young child
On September 21, 2021, the Sixth Circuit Court of Appeals affirmed the district court's summary judgment, dismissing Mr. Douglas's Request to Return his son, JD, to Australia. Nancy and Heath met online in October 2017. About a month or two later, Nancy left her job in Boston, took a remote … Read More about Case Update (2021): Douglas v. Douglas; habitual residence of young child
Case Update (2021): Dumitrascu v. Dumitrascu; habitual residence of a young child; application of Monasky
On September 15, 2021, in the case of Dumitrascu v. Dumitrascu, the U.S. District Court for the District of Colorado ordered the parties' minor child returned to Romania under the Hague Abduction Convention. The Parties are parents to a daughter, AMBD, who was born in Romania on September 4, … Read More about Case Update (2021): Dumitrascu v. Dumitrascu; habitual residence of a young child; application of Monasky
Case Update (2021): Ho v. Ho; Hague Abduction; habitual residence of infant under Monasky
On July 12, 2021, the U.S. District Court for the ND of Illinois ordered the return of the Mr. and Mrs. Ho's child to New Zealand. The parties are both permanent residents of New Zealand. Petitioner Father is a citizen of Taiwan, and Respondent Mother is a citizen of the United States. In 2016, … Read More about Case Update (2021): Ho v. Ho; Hague Abduction; habitual residence of infant under Monasky