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
Case Update (2020): Chambers v. Russell; Hague Abduction Convention, Habitual Residence and the Monasky test
On August 26, 2020, the U.S. District Court for the Middle District of North Carolina, in the case of Chambers v. Russell, ordered the return of a minor child to his habitual residence in Jamaica under the Hague Abduction Convention. Among the court's examination, one of the key issues was its … Read More about Case Update (2020): Chambers v. Russell; Hague Abduction Convention, Habitual Residence and the Monasky test
Case Update (2020): Zaoral v. Meza; Hague Abduction Convention, one year and now settled
On August 26, 2020, in the case of Zaoral v. Meza, the U.S. District Court for the Southern District of Texas ordered the return of a 15-year-old child to Venezuela. The parties' youngest child, age 15 at the time of the trial, was the subject of a Venezuelan custody order that gave both parents … Read More about Case Update (2020): Zaoral v. Meza; Hague Abduction Convention, one year and now settled
Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings
The U.S. Court of Appeals for the 2nd Circuit recently affirmed a return order issued pursuant to the Hague Abduction Convention in the Grano v. Martin matter. The Respondent Mother appealed on three points. First, she argued that the trial court misapplied the Monasky v. Taglieri test … Read More about Case Update (2020): Grano v. Martin; Hague Abduction Convention, Habitual Residence, Grave Risk & Undertakings
Case Update (2020): Sacchi v. Dervishi; Hague Child Abduction Convention, Consent to Relocate, COVID-19 Return to EU
As the COVID-19 pandemic drags on, it is inevitable we will see more international cases that address this issue, even if tangentially.In the case of Sacchi v. Dervishi, the US District Court for the Northern District of California ordered two children returned to their habitual residence of Italy … Read More about Case Update (2020): Sacchi v. Dervishi; Hague Child Abduction Convention, Consent to Relocate, COVID-19 Return to EU
Japan Update: Tokyo High Court addresses habitual residence under the 1980 Convention
From Guest Blogger, Hirotaka Honda of The Honda Law Office Japanese courts are coming in line with other courts about habitual residence in 東京高等裁判所令和元年（ラ）第２４０８号子の返還決定に対する抗告事件, Tokyo High Court Reiwa Gannen(Ra) No 2408 Appeal against a return order of a child.On 15 May … Read More about Japan Update: Tokyo High Court addresses habitual residence under the 1980 Convention
Case Update (2020): In re Marriage of Inoue; International Relocation of a Minor Child
In an unpublished appellate opinion on March 27, 2020, the Court of Appeal of the State of California (2nd Appellate District, Division 2) affirmed a mother’s request to relocate her child to Japan. In re Marriage of Inoue (B289261 c/w B290642, Cal. App. 2020), had the child’s father appealing … Read More about Case Update (2020): In re Marriage of Inoue; International Relocation of a Minor Child
Case Update (2020): Monasky v. Taglieri; Habitual Residence under the 1980 Convention
On February 25, 2020, the U.S. Supreme Court affirmed the opinion of the U.S. Court of Appeals for the Sixth Circuit, which concluded that Italy was the habitual residence of an infant that was brought from Italy to Ohio by her mother in 2015, shortly after the child was born. This opinion resolved … Read More about Case Update (2020): Monasky v. Taglieri; Habitual Residence under the 1980 Convention