On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies
Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
In September 2020, the U.S. District Court for the District of Arizona ordered that Mr. Radu and Ms. Shon's two children be returned to Germany, but, because the court concluded returning the children to Mr. Radu would present a grave risk of psychological harm, the court ordered that "Shon shall … Read More about Case Update (2021): Radu v. Shon; right to structure alternative remedies to return a child when there is otherwise a grave risk
Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention
The Lorenz family, after some significant litigation, is proceeding towards a final resolution in the Hague Abduction Convention suit filed by Ms. Lorenz in the U.S. District Court for the ED of Michigan. As a preliminary matter, Ms. Lorenz filed a motion to waive "affirmative defense" and to … Read More about Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention
Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Petitioner, Ms. Wan, successfully secured a return order using the Hague Abduction Convention, for Mr. DeBolt to return their minor children to Hong Kong. On August 10, 2021, the U.S. District Court for the CD Illinois, ordered Mr. DeBolt to reimburse Ms. Wan attorneys' fees in the amount of … Read More about Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk
The Nobrega/Colmenares family, all Venezuelan nationals, resided in Venezuela. When the parents separated, they initially exercised a schedule where Mr. Nobrega would see his son every week and where they shared parental responsibility. Ms. Colmenares began expressing concerns that their son would … Read More about Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk
Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
On July 20, 2020, the 2nd Circuit upheld the Southern District of New York which ordered Mr. Grano and Ms. Martin's child returned to Spain. The child was returned on August 20, 2020. On March 5, 2021, Magistrate Judge Davison prepared a Report and Recommendation to the SDNY recommending attorney … Read More about Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
Case Update (2021): Aluker v. Yan, rights of custody under Hague Abduction Convention and private agreement
On August 5, 2021, the U.S. Court of Appeals for the Fourth Circuit affirmed the Eastern District of Virginia in the case of Aluker v. Yan. This was an unpublished, non-binding, opinion. The parties and their two children had resided in Portugal since 2017, they separated shortly after arriving … Read More about Case Update (2021): Aluker v. Yan, rights of custody under Hague Abduction Convention and private agreement
Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
The SDNY granted Mr. Velozny's motion for summary judgment on July 22, 2021, and ordered his minor children returned to Israel. The focus of the court was primarily on Ms. Velozny's argument of certain exceptions to returning the children, after it was clear that Mr. Velozny had met the burden … Read More about Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
Case Update (2021): Jacquety v. Baptista, prevailing respondent seeking reimbursement of costs in Hague Abduction case
On May 11, 2021, in the case of Jacquety v. Baptista, the U.S. District Court for the Southern District of New York denied Mr. Jacquety's request to have his child returned to Morocco under the Hague Abduction Convention. On July 19, 2021, the court addressed Ms. Baptista's request for costs … Read More about Case Update (2021): Jacquety v. Baptista, prevailing respondent seeking reimbursement of costs in Hague Abduction case
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
Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
On February 26, 2021, the U.S. District Court for the W. District of Washington granted Mr. Colchester's request to have his child returned to Spain. When the court issued its return order, it included the following language, ordering Mr. Colchester to "facilitate daily electronic communications … Read More about Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner
On July 7, 2021, the U.S. District Court for the District of Maryland denied Mr. Hart's request for attorney fees on the papers. On November 22, 2019, Mr. Hart had successfully secured the return of his minor children to France using the Hague Abduction Convention. The parties met in Mali in … Read More about Case Update (2021): Hart v. Anderson; fees for Hague Abduction Petitioner