The U.S. Department of State issues a yearly “compliance” report, as mandated by Congress, that visits outstanding child abduction cases from the United States to other countries and explores some of the underlying reasons behind why certain cases remain unresolved. The report includes both … Read More about DOS Update (2021): 2021 Annual Compliance Report
Case Update (2021): Sanchez v. Sanchez, grave risk of harm, domestic violence, corporal punishment, and trauma
On March 31, 2021, in Sanchez v. Sanchez, the U.S. District Court for the MD of NC, denied Mr. Sanchez's request to return his 8-year-old daughter to Honduras stating that it would present a grave risk of harm to the child. Ms. Sanchez made three separate grave risk arguments: (1) domestic … Read More about Case Update (2021): Sanchez v. Sanchez, grave risk of harm, domestic violence, corporal punishment, and trauma
Case Update (2021): In Re Marriage of Margain; UCCJEA and a foreign country’s declination of jurisdiction
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): Bordelais v. Bordelais; Hague Abduction Convention ceases to apply when child turns 16
On April 20, 2021, the 7th Circuit affirmed the ND of Illinois's dismissal of Mr. Bordelais' Hague Abduction return suit. Ms. Bordelais removed the parties' child from Switzerland in 2016 in the middle of a contentious divorce and custody suit. She visited her parents in Illinois, and did not … Read More about Case Update (2021): Bordelais v. Bordelais; Hague Abduction Convention ceases to apply when child turns 16
Case Update (2021): Aluker v. Yan; right of custody pursuant to a Property Settlement Agreement, Article 3 “legal effect”
On March 4, 2021, Judge Liam O'Grady of the U.S. District Court of the EDVa, entered an order in the case of Aluker v. Yan, granting Respondent's motion for judgment on partial findings. Petitioner has appealed.In September 2017, the Aluker-Yan family moved from the United States to Portugal, … Read More about Case Update (2021): Aluker v. Yan; right of custody pursuant to a Property Settlement Agreement, Article 3 “legal effect”
Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
On March 15, 2021, in the case of Pozniak v. Shwartsman, the U.S. District Court for the EDNY ordered a minor child to be returned to Israel under the Hague Abduction Convention. Ms. Pozniak (a Ukrainian national) and Mr. Shwartsman are unmarried parents to one 9-year-old child, … Read More about Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
Case Update (2021): de Jesus Joya Rubio v. Alvarez; mature child objection with a psychologist’s report
On March 15, 2021, in the case of de Jesus Joya Rubio v. Alvarez, the U.S. District Court for the SD of Florida denied a father's petition to have his 12-year-old son returned to Mexico. The father proved his prima facie case, so the court shifted its review to the 3 exceptions the respondent … Read More about Case Update (2021): de Jesus Joya Rubio v. Alvarez; mature child objection with a psychologist’s report
Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General
On April 5, 2021, the U.S. Supreme Court invited the Acting Solicitor General to file a brief in the case of Golan v. Saada, to express the views of the United States. This blog has featured a variety of updates on this case over the past year. The issue presented to the Supreme Court … Read More about Case Update (2021): Golan v. Saada; U.S. Supreme Court request brief from Solicitor General
Case Update (2021): Thompson v. Russia, European Court of Human Rights, Hague Abduction Convention, Article 13(b) and Article 8 Right to Family Life
On March 30, 2021, the European Court of Human Rights, in Case of Thompson v. Russia, weighed in on a Hague Abduction case filed in Russia, seeking the return of a minor child to Spain. At the trial level court in Russia, the court rejected the return petition on the basis that returning the … Read More about Case Update (2021): Thompson v. Russia, European Court of Human Rights, Hague Abduction Convention, Article 13(b) and Article 8 Right to Family Life
Case Update (2021): Lukic v. Elezovic, motion for stay denied
On February 9, 2021, in the case of Lukic v. Elezovic, the U.S. District Court for the ED of NY ordered the minor child returned forthwith to Montenegro. However, the mother failed to return the minor child. On February 22, 2021, the trial judge held a phone conference to develop a plan to return … Read More about Case Update (2021): Lukic v. Elezovic, motion for stay denied
UK Update (2021): G v. G, interplay between asylum claim and return of a child under the Hague Abduction Convention
The UK Supreme Court heard oral argument in January 2021 in the case of G. v. G. The minor child's parents lived near one another in South Africa until February 2020. The minor child identified as lesbian, and the child's mother claims that she began experiencing persecution in South … Read More about UK Update (2021): G v. G, interplay between asylum claim and return of a child under the Hague Abduction Convention
Case Update (2021): in re matter of ICJ; not actually exercising rights of custody
On January 28, 2021, the U.S. District Court for the Eastern District of Washington denied a Father's request to return his child to France using the Hague Abduction Convention in the case of In Re Matter of ICJ (Jones v. Fairfield). The Father (Mr. Jones) has already appealed.While the trial … Read More about Case Update (2021): in re matter of ICJ; not actually exercising rights of custody