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
Case Update (29 March 2022): Jack Stone v. USA; suit against senator’s office dismissed
Mr. Jack Stone's recent lawsuit against Senator Schatz and his employee has been dismissed. Mr. Stone had contacted Senator Schatz's office, and spoke with the senator's employee, Jennifer Wooten. If you recall prior blog posts, Mr. Stone previously sued the U.S. Embassy in Tokyo in the D.C. … Read More about Case Update (29 March 2022): Jack Stone v. USA; suit against senator’s office dismissed
Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention
Father and Mother are Venezuelan citizens with two children. Ms. Tescari, the children's mother, removed them from their home in Venezuela and brought them to the United States in 2018. On February 20, 2019, Mr. Salame petitioned for their return under the Hague Abduction Convention. On June 10, … Read More about Case Update (29 March 2022): Salame v. Tescari; asylum and the return of children under the Hague Abduction Convention
Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky
On March 23, 2022, the Court of Appeals of Texas reversed a trial court's order that required the return of two children to Israel. This is the first case I have seen since Monasky v. Taglieri that has overturned the trial judge's finding of habitual residence. Father (a former Israeli … Read More about Case Update (23 March 2022): Interest of AYS and AHS; habitual residence and application of Monasky
Case Update (9 March 2022): Argueta v. Lemus; Hague Abduction Convention return after Taking Parent cannot meet burden of proof on any exception
On August 29, 2020, the Mother traveled with the child from Honduras to the United States to visit with a family friend named Bessy. She had a return plane ticket for September 26, 2020, which she never used. Instead, she remained with the child in the USA. The Mother left behind most of her … Read More about Case Update (9 March 2022): Argueta v. Lemus; Hague Abduction Convention return after Taking Parent cannot meet burden of proof on any exception
Case Update (10 January 2022): Cruvinel v. Cruvinel; mature child’s “preference” and grave risk of harm
The parents share joint custody of their daughter, AC, under the terms of a Brazilian custody order. AC was born on March 7, 2007 in Brazil. Her parents separated in August 2016, and ultimately divorced in Brazil on April 26, 2018. In May 2018, Respondent Mother informed Petitioner Father that … Read More about Case Update (10 January 2022): Cruvinel v. Cruvinel; mature child’s “preference” and grave risk of harm
Case Update (18 March 2022): Liebetreu v. Liebetreu; child abduction prevention; abuse of discretion on appeal
Gehlen (Father) and Sandra (Mother) were married in 2014 in Germany, as Father was a U.S. military member serving overseas. In 2015, the parents moved to the United States, first to Ohio where their two children were born, and then to Tennessee in March 2019, where their marriage, unfortunately, … Read More about Case Update (18 March 2022): Liebetreu v. Liebetreu; child abduction prevention; abuse of discretion on appeal