On February 26, 2021, the U.S. District Court for the W. District of Washington granted Mr. Colchester's request to have his child returned to Spain. When the court issued its return order, it included the following language, ordering Mr. Colchester to "facilitate daily electronic communications … Read More about Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order
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): Christensen v. Seckin; modification jurisdiction under UCCJEA
The minor child at issue was born in Turkey in 2013. In 2017, Mr. Christensen and Ms. Seckin reached an agreement resolving custody of their minor child. At the time, Mr. Christensen lived in Alaska, and Ms. Seckin and their child lived in Turkey. In an August 2017 Turkish order, Ms. Seckin was … Read More about Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA
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): Tompkins v. Tompkins; jurisdiction to issue an initial child support order under UIFSA; difference between custody jurisdiction and child support jurisdiction
In a rare appellate opinion that addresses international child support, the Court of Appeals of Arkansas reversed its trial court and concluded that Arkansas did have jurisdiction to issue an initial child support order. Natalie Tompkins and the parties' child resided in Germany, which … Read More about Case Update (2020): Tompkins v. Tompkins; jurisdiction to issue an initial child support order under UIFSA; difference between custody jurisdiction and child support jurisdiction
Case Update (2020): Noergaard v. Noergaard; Moot appeal of a Hague Abduction Return Order after child turns age 16
On October 29, 2020, the California Court of Appeal, Fourth District, Division 3, addressed, in an unpublished opinion, the 2nd appeal noted by Tammy Noergaard to the order returning her eldest daughter, Mia, to Denmark. In quick summary, Tammy had 2 daughters with Christian Noergaard. … Read More about Case Update (2020): Noergaard v. Noergaard; Moot appeal of a Hague Abduction Return Order after child turns age 16
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): Adoption of Daphne; Jurisdiction for Petition of Adoption for a child born via surrogacy
In this post, I am returning to April 2, 2020, where a Massachusetts court, in the Adoption of Daphne, vacated a trial court's order dismissing a petition to adopt a minor child born in Massachusetts to a gestational surrogate. The child was the product of in-vitro fertilization. … Read More about Case Update (2020): Adoption of Daphne; Jurisdiction for Petition of Adoption for a child born via surrogacy
Case Update (2020): Stone v. US Embassy Tokyo; Hague Abduction Case, ICARA, Where to File a Return Request
On July 24, 2020, the U.S. District for the District of Columbia addressed an interesting request under the Hague Abduction Convention. In the case of Stone v. U.S. Embassy Tokyo, et. al., Mr. Jack Stone sued the U.S. government to issue a passport for his first-born child. Subsequently, he … Read More about Case Update (2020): Stone v. US Embassy Tokyo; Hague Abduction Case, ICARA, Where to File a Return Request
Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction
On July 6, 2020, the Court of Appeal of the State of California issued an opinion in the case of L.A. Cnty. Dep't of Children & Family Servs. v. MH. At issue, in this case, is a minor child who had been in a shelter in Mexico, and was then transferred to his maternal grandmother in … Read More about Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction
Case Update (2020): Claflin v. Claflin; Comity, Foreign Marriage, Void Marriage
The Claflins spent significant time and energy litigating in two countries over their divorce. Ms. Zamora Claflin filed for divorce in Florida. Mr. Claflin sought to dismiss her divorce petition, alleging that Ms. Zamora could not have legally married Mr. Claflin because she was already … Read More about Case Update (2020): Claflin v. Claflin; Comity, Foreign Marriage, Void Marriage