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
Case Update (2021): Alfonso VH v. Christina AZ; Hague Abduction Return Petition, Now Settled Exception
On January 8, 2021, the U.S. District Court for the Western District of Virginia denied a return petition brought under the Hague Abduction Convention in the case of Alfonso VH v. Christina AZ on the basis that the minor child is now settled in the United States.The court found that the … Read More about Case Update (2021): Alfonso VH v. Christina AZ; Hague Abduction Return Petition, Now Settled Exception
Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child
The U.S. District Court for the District of New Jersey ordered 2 children returned to El Salvador on October 30, 2020 in the case of Re: JCC v. LC (Civil Action No. 19-21889). There are a few interesting statements by the court worth mentioning in a blog post. First, the Court, at no … Read More about Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child
Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention
In the case of Colon v. Mejia Montufar, the U.S. District Court denied the Father’s request to return his minor child to Guatemala. The parties had stipulated that the Father met his burden of presenting a prima facie case of wrongful removal, but the Mother presented two exceptions to … Read More about Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention