The parties child was ordered returned to Spain. Petitioner sought reimbursement of fees and costs. The Respondent did not respond to Petitioner's request for fees and costs under ICARA, so she did not meet her burden to show that an award of fees was clearly inappropriate under the statute. … Read More about Case Update (30 Dec 2022): Garcia v. Ramsis; how to calculate attorney fees for prevailing Petitioner in Abduction Convention case
Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement
The parties are parents to one minor child. The Petitioner resided in Jamaica with the child, and the child visited the Respondent in New York each year. In 2020, the Respondent retained the child in New York at the end of a scheduled summer trip, arguing that COVID risks were greater in Jamaica. … Read More about Case Update (21 July 2022): Colquhoun v. Colquhoun; attorney fee award after voluntary return agreement
Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Petitioner, Ms. Wan, successfully secured a return order using the Hague Abduction Convention, for Mr. DeBolt to return their minor children to Hong Kong. On August 10, 2021, the U.S. District Court for the CD Illinois, ordered Mr. DeBolt to reimburse Ms. Wan attorneys' fees in the amount of … Read More about Case Update (2021): Wan v. DeBolt; Fees to Prevailing Petitioner in Hague Abduction Case
Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
On July 20, 2020, the 2nd Circuit upheld the Southern District of New York which ordered Mr. Grano and Ms. Martin's child returned to Spain. The child was returned on August 20, 2020. On March 5, 2021, Magistrate Judge Davison prepared a Report and Recommendation to the SDNY recommending attorney … Read More about Case Update (2021): Grano v. Martin; fees for prevailing petitioner in Hague Abduction case
Case Update (2021): Lukic v. Elezovic; No fees to the Prevailing Petitioner
The U.S. federal implementing legislation for the Hague Child Abduction Convention, the International Child Abduction Remedies Act, includes a fee-shifting provision that awards the prevailing Petitioner his or her fees and costs in a return proceeding, unless the Respondent demonstrates that such … Read More about Case Update (2021): Lukic v. Elezovic; No fees to the Prevailing Petitioner
Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order
The International Child Abduction Remedies Act allows a parent who is seeking the return of his or her child under the 1980 Hague Abduction Convention to request provisional remedies (see Sec. 9004). In the case of Babcock v. Babcock, Mrs. Babcock did just that (in August 2020). She … Read More about Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order
Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits
Dr. Hil Rizvi appeals a trial court order dismissing his complaint against a Massachusetts social service agency, a Maryland social service agency, and two separate Swiss governmental agencies. The Third Circuit Court of Appeals affirmed the dismissal on September 25, 2020. Rizvi is the father of … Read More about Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits