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 (17 June 2022): Annual ICAPRA Compliance Report is published
Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary
The U.S. Supreme Court issued its unanimous opinion in Golan v. Saada, vacating the Second Circuit and remanding for further proceedings. The Court held that, "The Second Circuit’s categorical requirement to consider all ameliorative measures is inconsistent with the text and other express … Read More about Case Update (15 June 2022): Golan v. Saada; A Judge’s consideration of ameliorative measures is discretionary
Case Update (24 May 2022): Aldaba v. Marta; Respondent did not meet his burden to demonstrate grave risk; children returned under Hague Abduction Convention
The U.S. District Court for the D. of Kansas issued its written order, following an oral ruling, that the parties' four minor children are to be returned to Mexico. Their mother had sole custody of the children pursuant to a Mexican decree, but in August 2021, their father removed them from Mexico … Read More about Case Update (24 May 2022): Aldaba v. Marta; Respondent did not meet his burden to demonstrate grave risk; children returned under Hague Abduction Convention
Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention
Mr. Karim filed a petition for return of his 8-year old daughter from the USA to England on September 7, 2021. Ms. Nakato, the child's mother, had removed the child on or about September 1, 2020. The father, when he arrived home to their shared residence that day, found all the child's belongings … Read More about Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention
Case Update (16 May 2022): Dumitrascu v. Dumitrascu; 10th Circuit affirms habitual residence finding
On May 16, 2022, the 10th Circuit affirmed the trial court's finding that Romania, and not the United States, was the minor child's habitual residence. On September 15, 2021, the U.S. District Court in Colorado ordered the minor child returned to Romania under the Hague Abduction Convention. … Read More about Case Update (16 May 2022): Dumitrascu v. Dumitrascu; 10th Circuit affirms habitual residence finding
Case Update (29 April 2022): Krause v. Krause; U.S. military member in Europe not permitted to appear remotely in Hague Abduction case in California
On April 15, 2022, Lt. Col. Krause filed a motion in the open Hague Abduction Convention matter that he initiated, requesting that he, and his other witnesses, be permitted to appear remotely in the trial on May 25, 2022. Mrs. Krause strongly opposes such remote testimony, proffering that the … Read More about Case Update (29 April 2022): Krause v. Krause; U.S. military member in Europe not permitted to appear remotely in Hague Abduction case in California
Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”
The Court of Appeals of Indiana concluded that the trial court committed clear error when concluding that Germany was the children's habitual residence. The parents and two U.S. citizen children lived in an apartment in Germany from 2017 to December 2020. In 2019 and 2020, the parents had "a … Read More about Case Update (28 April 2022): Cole v. Cole; habitual residence finding was “prima facie error”
Case Update (16 March 2022): Lorenz v. Lorenz; UCCJEA returns the child, mooting the Hague Abduction Return petition
The Lorenz family has finally, it appears, ended their ongoing litigation in both a state and federal court in Michigan and a family court in Germany. In 2020, Benjamin Lorenz brought the parties' two children from Germany to Michigan to visit family. He then refused to return them on September 5, … Read More about Case Update (16 March 2022): Lorenz v. Lorenz; UCCJEA returns the child, mooting the Hague Abduction Return petition
Case Update (12 April 2022): Soberano v. Guillen; sanctions against Petitioner’s Attorney
In a very unique situation, the District Court for the Western District of Washington, imposed sanctions against Ms. F. Andrekita Silva, the lawyer who was representing the Petitioner in a Hague Abduction case. Approximately 1-2 weeks after the District Court held its evidentiary hearing in the … Read More about Case Update (12 April 2022): Soberano v. Guillen; sanctions against Petitioner’s Attorney
Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm
The parties are parents to two children. Both parents and both children are Mexican nationals, and had been residing in Mexico until the Mother removed the children from Mexico and settled them in Georgia with her new husband. The parties were previously divorced, and had signed an agreement that … Read More about Case Update (12 April 2022): Munoz v. Diaz; clear and convincing evidence burden was not met to prove a grave risk of harm
Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain
In late January, after the U.S. District Court for the ED Texas found that Spain was the minor child's habitual residence, it granted Mr. Garcia's request to return the parties' minor child to Spain, and the court ordered that child returned. Ms. Ramsis, however, filed a motion for a new trial, and … Read More about Case Update (6 April 2022): Garcia v. Ramsis; motion for a new trial denied; child ordered returned to Spain
Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter
In late 2020, the U.S. District Court for the District of NJ ordered the return of two children to El Salvador under the Hague Abduction Convention in JCC v. LC. If you recall that case, the court refused to hear directly from the 15 year old child. It took notice of the child's "preference" for … Read More about Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter