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 (22 Feb 2022): Galaviz v. Reyes; Hague Abduction return petition; violation of human rights
The parties have two children - ages 5 and 4. They had been living with their Mother, the Petitioner, in Ciudad Juarez, Mexico since the parties' separation. They visited with their Father, the Respondent, in El Paso, Texas on occasion. Respondent retained the children in Texas on July 28, 2021. … Read More about Case Update (22 Feb 2022): Galaviz v. Reyes; Hague Abduction return petition; violation of human rights
Case Update (2021): Wan v. DeBolt; Hague Abduction Convention; Hong Kong’s Political Climate does not make out Article 13(b) or Article 20 exception
Petitioner Mother, Ms. Wan, sought the return of her two minor children to Hong Kong. She accused their father, Mr. DeBolt, of wrongfully retaining the children after bringing them to Illinois for what was scheduled as a vacation to visit family. The District Court for the CD of IL, after … Read More about Case Update (2021): Wan v. DeBolt; Hague Abduction Convention; Hong Kong’s Political Climate does not make out Article 13(b) or Article 20 exception
Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights
On February 8, 2021, the Superior Court for Chelan County, Washington, issued a memorandum opinion in the case of AlHaidari v. AlHaidari. The case revolves around a child born in Saudi Arabia in December 2014 to the litigants, Bethany and Ghassan. The parties were in the middle of significant … Read More about Case Update (2021): AlHaidari v. AlHaidari, UCCJEA and human rights
Case Update (2021): In re Saida A; temporary absence from home state under the UCCJEA, temporary emergency jurisdiction, human rights
The Family Court of New York County addressed an interesting UCCJEA case on February 1, 2021. The minor child at issue was repatriated by the U.S. Department of State from Pakistan to New York on June 26, 2020 at the age of 16 because of concerns that she had been brutally beaten and … Read More about Case Update (2021): In re Saida A; temporary absence from home state under the UCCJEA, temporary emergency jurisdiction, human rights
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
UK Update (2021): G v. G; The Hague Abduction Convention and its impact on a request for asylum – the UK experience
The UK Supreme Court heard oral argument this week in the case of G v. G, on the complex issue of a child's asylum claim and a parent's request to return that child using the Hague Abduction Convention to the country that the child is trying to escape. You can find the case details here. … Read More about UK Update (2021): G v. G; The Hague Abduction Convention and its impact on a request for asylum – the UK experience
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