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On October 29, 2020, the California Court of Appeal, Fourth District, Division 3, addressed, in an unpublished opinion, the 2nd appeal noted by Tammy Noergaard to the order returning her eldest daughter, Mia, to Denmark.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. … 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
Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
The Derbez v. Derbez divorce matter reminds lawyers that they must be familiar with their jurisdiction’s rules, procedures, and deadlines, and understand the complexity of the recognition and enforcement of foreign judgments. Mr. Derbez pursued a divorce from his wife in Mexico, where he … Read More about Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
Case Update (2020): Cordoba v. Mullins; 1980 Hague Abduction Convention, Abstention Doctrine
The June 23, 2020 opinion in Cordoba v. Mullins raises an interesting abstention issue between a State Court divorce and protection order case and a Federal Hague Abduction return petition. Ms. Mullins (Mother) allegedly absconded with the parties’ two minor children to Illinois on … Read More about Case Update (2020): Cordoba v. Mullins; 1980 Hague Abduction Convention, Abstention Doctrine
Case Update (2020): Clarke v. Lopez; Obtaining a U.S. passport for a minor child without both parents’ signatures
When parents share joint legal custody of their child, both parents must sign the minor child’s U.S. passport application. In the case of Clarke v. Lopez, the minor child’s father, Mr. Lopez, signed the child’s passport application but did it without the proper notarial stamp. When asked … Read More about Case Update (2020): Clarke v. Lopez; Obtaining a U.S. passport for a minor child without both parents’ signatures