The January 23, 2023 court order is one in a long line of court orders in federal, state, and foreign courts related to the parties and their child. To summarize - the Patels voluntarily signed an agreement in 2017 granting Mr. Patel full custody and the ability to relocate, which he did - to India … Read More about Case Update (23 Jan 2023): US v. Patel; conviction remains vacated, but November 2022 opinion amended
Case Update (6 June 2022): USA v. Chaplin; parent’s conviction for kidnapping affirmed on appeal; definition of retention clarified
Mr. Leo James Chaplin, an American, met his wife, MDS, in the Philippines. The two moved to the USA, married, and had two children. They lived in Alaska and took vacations to the Philippines. In 2014, Chaplin "convinced MDS and their minor children... to accompany him to the Philippines, where he … Read More about Case Update (6 June 2022): USA v. Chaplin; parent’s conviction for kidnapping affirmed on appeal; definition of retention clarified
Case Update (18 Feb 2022): U.S. v. Patel; federal parental kidnapping and the need for clearly written custody orders
The Defendant in this criminal matter is the father of the minor child at issue. Pursuant to a NJ Family Court order from May 2017, the father had sole custody of the child. The mother had no delineated access schedule (only access "as agreed by the parties"). In July 2017, the father and son … Read More about Case Update (18 Feb 2022): U.S. v. Patel; federal parental kidnapping and the need for clearly written custody orders
Case Update (2021): U.S. v. Helbrans; International Parental Kidnapping Crime Act
On October 12, 2021, the Court addressed motions in limine filed by Defendants and the Government in a federal criminal case related to the kidnapping of minor children between Guatemala and the United States. You can read more about the case here. It is a fascinating read involving the Jewish … Read More about Case Update (2021): U.S. v. Helbrans; International Parental Kidnapping Crime Act
Case Update (2021): U.S. v. Helbrans, Rosner, et. al.; international kidnapping; Hague Convention
The Defendants are members of a Jewish religious community, Lev Tahor. Defendant Nachman Helbrans is the leader of this community. In October 2018, Helbrans' sister left the community in Guatemala with her six children and relocated to the United States. In November 2018, she obtained a … Read More about Case Update (2021): U.S. v. Helbrans, Rosner, et. al.; international kidnapping; Hague Convention
Case Update (2020): US v. Houtar, international parental kidnapping, whether IPKCA is void for vagueness as applied to a parent who did not “abduct” his children
The 2nd Circuit Court of Appeals, in the case of U.S. v. Houtar, recently addressed the issue of whether the International Parental Kidnapping Crime Act (IPKCA) was unconstitutionally vague as applied against a father who had not actually abducted his children, but instead retained his children in … Read More about Case Update (2020): US v. Houtar, international parental kidnapping, whether IPKCA is void for vagueness as applied to a parent who did not “abduct” his children