Ms. Macfadyen is a Nigerian national. She entered the U.S. in October 2001 on a B-2 visitor visa, overstayed it, was placed in removal proceedings in January 2003, filed for asylum, had her asylum application denied, and was ordered removed to Nigeria in February 2006. During removal proceedings, … Read More about Case Update (9 Sept 2022): Macfadyen v. DHS; Nigerian divorce documents insufficient to demonstrate Nigerian divorce occurred
Events Update: Upcoming International Family Law Events
There are some amazing upcoming International Family Law events that you might want to join. September 24, 2021 at 12 p.m. ET International Parental Child Abduction Resources For The Practicing Lawyer: Join the NYSBA for a free informal chat with Preston Findlay, Esquire of the National … Read More about Events Update: Upcoming International Family Law Events
Case Update (2021): Al Saidi v. US Embassy Djibouti; Derivative U.S. citizenship for children born overseas to a U.S. citizen parent
On June 18, 2021, the U.S. District Court for the EDNY issued a memorandum opinion confirming its oral ruling from June 16th, where the judge denied Mr. Al Saidi's motion to issue a temporary restraining order that directed the U.S. Embassy in Djibouti to adjudicate his application for his two … Read More about Case Update (2021): Al Saidi v. US Embassy Djibouti; Derivative U.S. citizenship for children born overseas to a U.S. citizen parent
Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
On March 15, 2021, in the case of Pozniak v. Shwartsman, the U.S. District Court for the EDNY ordered a minor child to be returned to Israel under the Hague Abduction Convention. Ms. Pozniak (a Ukrainian national) and Mr. Shwartsman are unmarried parents to one 9-year-old child, … Read More about Case Update (2021): Pozniak v. Shwartsman; grave risk of harm and the need for a proper forensic expert
UK Update (2021): G v. G, interplay between asylum claim and return of a child under the Hague Abduction Convention
The UK Supreme Court heard oral argument in January 2021 in the case of G. v. G. The minor child's parents lived near one another in South Africa until February 2020. The minor child identified as lesbian, and the child's mother claims that she began experiencing persecution in South … Read More about UK Update (2021): G v. G, interplay between asylum claim and return of a child under the Hague Abduction Convention
Case Update (2021): Bejarno v. Jimenez; immigration status is not dispositive in a now settled analysis
In Summer 2020, in Bejarno v. Jimenez, the U.S. District Court for the District of NJ denied a Father's request to have his son returned to Honduras on the basis that the Father had filed his Hague abduction return petition in the courts more than one year after the wrongful removal, and the child … Read More about Case Update (2021): Bejarno v. Jimenez; immigration status is not dispositive in a now settled analysis
Case Update (2020): Romero v. Bahamonde; Hague Abduction; mature child, burden to prove exceptions on Respondent
On November 19, 2020, the US District Court for the M.D. of Georgia issued its opinion, denying Mr. Romero's request to return his two children to Chile. In December 2017, Mr. Romero brought the parties' 2 children to Florida to see his mother, with the intention of remaining until March … Read More about Case Update (2020): Romero v. Bahamonde; Hague Abduction; mature child, burden to prove exceptions on Respondent
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): MARG v. Texas Dept. F&PS; Third-Party custody, notice of Hague Abduction return request, inability to conduct home study in foreign country
Some interesting issues arose in the case of MARG v. Texas Department of Family & Protective Services. Third party caregivers were appointed as three (3) children's conservators (custodians) in Texas. The child's mother, from whom the children were removed, was agreeable to the third … Read More about Case Update (2020): MARG v. Texas Dept. F&PS; Third-Party custody, notice of Hague Abduction return request, inability to conduct home study in foreign country
Case Update (2020): Pachal v. Bugreeff; I-864, support of an immigrant, interplay with alimony and divorce suit
This is a really interesting case that addresses the issue of an I-864 contract. This immigration form is completed by a U.S. citizen who commits to ensuring that an applicant for residency maintains an income of 125% of the federal poverty level. This obligation is indefinite, unless a … Read More about Case Update (2020): Pachal v. Bugreeff; I-864, support of an immigrant, interplay with alimony and divorce suit