The Court of Appeals of Arizona denied Father's appeal where he argued that the trial court improperly assumed child custody jurisdiction under the UCCJEA over their dual Italian-U.S. son who was born in Tunisia in March 2018. In February 2020, the parties traveled to Italy for a vacation. … Read More about Case Update (12 Jan 2023): Antonetti v. Westerhausen; Arizona defines “temporary absence” under definition of home state in UCCJEA
Case Update (29 June 2022): In re. Marriage of Randoy; 1 year in Canada was a temporary absence from California based on parents’ intent
The Randoys are married parents to one son born in Los Angeles in 2014. Marieke, a Canadian national, was having difficulty finding acting parts in LA, so she discussed, with Reed, taking their son to Canada, finding smaller TV roles there, booking several, and then returning to LA to audition "via … Read More about Case Update (29 June 2022): In re. Marriage of Randoy; 1 year in Canada was a temporary absence from California based on parents’ intent
Case Update (19 May 2022): VK v. KK; temporary absence and UCCJEA custody jurisdiction
The parents are Indian nationals that lived in Cleveland, Ohio. Their child was born in Cleveland, and is a U.S. citizen. On or about February 21, 2018, the family traveled to India for a family wedding. While there, the parents separated so they could each visit with their own family members, … Read More about Case Update (19 May 2022): VK v. KK; temporary absence and UCCJEA custody jurisdiction
Case Update (28 January 2022): In re. BV; UCCJEA jurisdiction when there is no home state
The minor child, BV, was placed with a foster parent by the LA County Department of Children and Family Services (DCFS) after allegations that her parents abused her. The minor child and her mother traveled to California, as undocumented immigrants, approximately 2-3 months prior to DCFS removed … Read More about Case Update (28 January 2022): In re. BV; UCCJEA jurisdiction when there is no home state
Case Update (24 Nov 2021): Joseph II v. Luisa JJ; home state; service overseas
The parties, Joseph and Luisa, are the parents to one child, born in 2013. They resided primarily in NY during their marriage, but also spent extended time at their second home in Italy. In July 2019, they entered a separation and settlement agreement providing for joint legal and shared physical … Read More about Case Update (24 Nov 2021): Joseph II v. Luisa JJ; home state; service overseas
Case Update (2021): Lorenz v. Lorenz; custody jurisdiction & Hague Abduction suit
The Lorenz family has been at the center of litigation in multiple court cases in the United States. In May 2021, they had two separate opinions issued in two separate cases. This is aside from the custody case pending in the German courts. Mr. and Mrs. Lorenz married in 2000 and have two … Read More about Case Update (2021): Lorenz v. Lorenz; custody jurisdiction & Hague Abduction suit
Case Update (2021): In re Marriage of BK & LS; international relocation
In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary. The order had a variety of "measures" in it that were intended to ensure the California order's enforcement. The … Read More about Case Update (2021): In re Marriage of BK & LS; international relocation
Case Update (2021): In re Marriage of Wang and Jiaojiao Zhou; registration of a foreign custody order; home state’s order stayed
On April 9, 2021, the Court of Appeal for the Sixth District of California issued an opinion in the case of Jiaojiao Zhou and Sean Wang. Ms. Zhou and Mr. Wang are the parents to a daughter born in 2013 in China. She lived primarily with her mother in China, and visited her father, who was working … Read More about Case Update (2021): In re Marriage of Wang and Jiaojiao Zhou; registration of a foreign custody order; home state’s order stayed
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 (2020): Karimah K and Bassim A; Home State under the UCCJEA
In February 2020, the Family Court in Kings County, New York addressed a custody jurisdiction issue between New York and Yemen in the case of Karimah K and Bassim A. The parents were married in 2002 in a Muslim Religious ceremony in Yemen. They remained in Yemen until 2005, at which time … Read More about Case Update (2020): Karimah K and Bassim A; Home State under the UCCJEA
Case Update (2020): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction
The Maryland Court of Special Appeals issued an unreported opinion in the case of Olarinde v. Korede on August 20, 2020. In the opinion, the court examined subject matter jurisdiction and whether Maryland was the "home state" of the parties' children so that Maryland could issue its initial … Read More about Case Update (2020): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction