On January 7, 2022, the First Circuit affirmed the U.S. District Court for the District of Massachusetts's return of Mr. Vieira's 7-year-old son from Massachusetts to Brazil. Ms. De Souza argued, on appeal, that the court erred when it concluded that the grave risk exception did not apply and in … Read More about Case Update (7 Jan 2022): Vieira v. De Souza; problems with self-representation at trial in a Hague Abduction case and meeting burdens of proof
Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Mr. Tchenguiz is seeking the return of his child to England through the Hague Abduction Convention. There are apparently three legal issues at dispute in this case, which had been set for trial for January 10, 2022 (after a continuance of a December trial date based on Respondent's new arguments in … Read More about Case Update (3 Jan 2022): Tchenguiz v. Bird; discovery sanctions against a respondent in a Hague Abduction case
Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
In July 2021, the SDNY ordered the Velozny children returned to Israel. Ms. Velozny (Respondent) appeals to the 2nd Circuit. She "challenges the district court’s order and judgment to the extent that it declined to apply one of th[e] affirmative defenses, i.e., the grave risk of harm exception, as … Read More about Case Update (29 Nov 2021): Velozny v. Velozny; no error in expedited proceeding and granting of summary judgment
Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
The minor child at issue, SL, is currently living with her aunt and uncle in the Netherlands. In 2008, the child's mother passed away, and the father remarried. In May 2011, a Dutch family court granted parental authority of the child to the child's father and stepmother. The three proceeded to … Read More about Case Update (12 Nov 2021): In the Interest of SL; interplay of Hague Abduction non-return order, UCAPA, and the UCCJEA
Case Update (2021): Bhattacharjee v. Craig; mature child’s objection
The parties are parents to a 13- and an 11-year-old. In 2015, Mr. Bhattacharjee sought a divorce from the Singapore High Court (as the family had been living in Singapore since about 2008). In 2018, with the divorce proceeding still pending, Ms. Craig requested permission to relocate the children … Read More about Case Update (2021): Bhattacharjee v. Craig; mature child’s objection
Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention
The Lorenz family, after some significant litigation, is proceeding towards a final resolution in the Hague Abduction Convention suit filed by Ms. Lorenz in the U.S. District Court for the ED of Michigan. As a preliminary matter, Ms. Lorenz filed a motion to waive "affirmative defense" and to … Read More about Case Update (2021): Lorenz v. Lorenz; waiver of “affirmative defense” under Hague Abduction Convention
Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
The SDNY granted Mr. Velozny's motion for summary judgment on July 22, 2021, and ordered his minor children returned to Israel. The focus of the court was primarily on Ms. Velozny's argument of certain exceptions to returning the children, after it was clear that Mr. Velozny had met the burden … Read More about Case Update (2021): Velozny v. Velozny, summary judgment granted and children returned
Case Update (2021): Romero v. Bahamonde; mature child’s objection and testimony
In November 2020, the U.S. District Court for the ED Georgia denied Mr. Romero's request to return his children to Chile under the Hague Abduction Convention. Mr. Romero appealed, and, on May 25, 2021, the Eleventh Circuit affirmed. Mr. Romero argues that the District Court was clearly … Read More about Case Update (2021): Romero v. Bahamonde; mature child’s objection and testimony
Case Update (2021): de Jesus Joya Rubio v. Alvarez; mature child objection with a psychologist’s report
On March 15, 2021, in the case of de Jesus Joya Rubio v. Alvarez, the U.S. District Court for the SD of Florida denied a father's petition to have his 12-year-old son returned to Mexico. The father proved his prima facie case, so the court shifted its review to the 3 exceptions the respondent … Read More about Case Update (2021): de Jesus Joya Rubio v. Alvarez; mature child objection with a psychologist’s report
Case Update (2021): Dubikovskyy v. Goun; Hague Abduction Convention; mature child’s objection
On January 7, 2021, in the case of Dubikovskyy v. Goun, the U.S. District Court for the WD of Missouri, denied Mr. Dubikovskyy's request to return his daughter to Switzerland. Mr. Dubikovskyy (who is Ukrainian) and Ms. Goun (who is Russian) are permanent residents of Switzerland, where … Read More about Case Update (2021): Dubikovskyy v. Goun; Hague Abduction Convention; mature child’s objection
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
Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence
In Avendano v. Balza, the First Circuit affirmed the U.S. District Court's refusal to return G, a minor child, to Venezuela on the basis that G was mature, and objected to the return. The Petitioner Mother appeals the court's finding on two points.Point one: Petitioner argues the court wrongly … Read More about Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence