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mature child

Case Update (3 February 2023): Efthymiou v. Labonte; Autistic Child was not sufficiently mature after the court concluded he was parroting his mother’s views on him remaining in CA

February 28, 2023

The parties’ 12-year-old child had lived with Petitioner Father in Cyprus under a court order since the parties’ divorce in 2014, which granted the Father sole custody.  Because of the Father’s job, he would often return home very late, which routinely left the child in his paternal … Read More about Case Update (3 February 2023): Efthymiou v. Labonte; Autistic Child was not sufficiently mature after the court concluded he was parroting his mother’s views on him remaining in CA

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  mature child

Case Update (19 Jan 2023): Carlson v. Carlson; 13 year old’s mature objection leads to denial of mother’s request to return him

January 21, 2023

The parties are parents to a 13-year-old son, who was born in the United States. His parents separated and divorced in Rhode Island, and agreed to share joint custody, with his primary residence in Germany with his mother. In 2015, mother and child moved to Germany. The child spent a lot of time … Read More about Case Update (19 Jan 2023): Carlson v. Carlson; 13 year old’s mature objection leads to denial of mother’s request to return him

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  mature child,  objection

Case Update (17 Jan 2023): Preston v. Preston; 9 year old child was not mature, and was further unduly influenced by both parents

January 21, 2023

The parties are parents to one daughter, born in Manitoba, Canada. The parties stipulated to petitioner father's case-in-chief with the mother acknowledging that she was to return to Manitoba with the child on September 7, 2022, but did not do so. The father filed a return petition in Texas … Read More about Case Update (17 Jan 2023): Preston v. Preston; 9 year old child was not mature, and was further unduly influenced by both parents

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  mature child,  objection

Case Update (22 Dec 2022): Davis v. Lake; children not returned under Abduction Convention after finding Petitioner consented to their relocation

December 26, 2022

The parties are parents to 2 children, ages 9 and 11 at the time of the district court proceeding in Virginia. Pursuant to an Anguillan custody order, the Respondent/Mother had primary residential custody, and the Petitioner/Father had routine access, which he did not fully exercise (in part, … Read More about Case Update (22 Dec 2022): Davis v. Lake; children not returned under Abduction Convention after finding Petitioner consented to their relocation

Category iconabduction,  Child Abduction,  consent,  Hague Abduction Convention,  mature child,  objection

Case Update (15 Dec 2022): Esparza v. Nares; Judge concludes children are not mature enough to voice an objection to returning to Mexico

December 27, 2022

The parties, parents to two daughters, ages 11 and 6, agreed that the children's mother, Ms. Nares violated a Mexican custody order and removed the children from Mexico to Texas with the intention of unilaterally changing their residence. She moved in with her new husband, who is a legal permanent … Read More about Case Update (15 Dec 2022): Esparza v. Nares; Judge concludes children are not mature enough to voice an objection to returning to Mexico

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  mature child,  objection

Case Update (6 Dec 2022): Dubikovskyy v. Goun; mature child did not state particularized objection; 8th circuit reverses order and requires child’s return

December 12, 2022

The parties are parents to one child, age 12 at the time of the Hague Abduction Convention return trial. They shared custody under a Swiss order. In July 2020, Ms. Goun removed the child to Missouri, after having accepted a faculty position at the University of Missouri. She petitioned the Swiss … Read More about Case Update (6 Dec 2022): Dubikovskyy v. Goun; mature child did not state particularized objection; 8th circuit reverses order and requires child’s return

Category iconabduction,  Child Abduction,  Hague Abduction Convention,  mature child,  objection

Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia

September 19, 2022

On August 31, 2022, the U.S. District Court for the ND of Georgia ordered the parties' minor child KPCA returned to Colombia under the Hague Abduction Convention. KPCA was born in the United States where he lived for the first five years of his life, but moved to Colombia with Respondent in 2015 … Read More about Case Update (31 Aug 2022): Ruiz v. Zinsou; minor child returned to Colombia under Hague Abduction Convention; preference to live with mother was not objection to return to Colombia

Category iconabduction,  acquiescence,  Child Abduction,  Hague Abduction Convention,  mature child,  objection

Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras

August 18, 2022

On August 11, 2022, a Magistrate Judge in the Western District of Louisiana issued a Memorandum Ruling granting Ms. Ariza Lopez's request to return her dual citizen child to Honduras using the Hague Abduction Convention. Mr. Ash, who is not the child's biological parent, but is listed on the … Read More about Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras

Category iconabduction,  Child Abduction,  custody rights,  Grave Risk,  Hague Abduction Convention,  mature child,  Right of Custody,  rights of custody

Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention

June 7, 2022

Mr. Karim filed a petition for return of his 8-year old daughter from the USA to England on September 7, 2021. Ms. Nakato, the child's mother, had removed the child on or about September 1, 2020. The father, when he arrived home to their shared residence that day, found all the child's belongings … Read More about Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention

Category iconabduction,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  mature child,  now settled

Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter

May 3, 2022

In late 2020, the U.S. District Court for the District of NJ ordered the return of two children to El Salvador under the Hague Abduction Convention in JCC v. LC. If you recall that case, the court refused to hear directly from the 15 year old child. It took notice of the child's "preference" for … Read More about Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter

Category iconabduction,  Child Abduction,  child's voice,  Hague Abduction Convention,  mature child,  objection

Case Update (7 February 2022): Romanov v. Soto; discretion to return a mature child under Hague Abduction Convention

February 24, 2022

On February 7, 2022, the U.S. District Court for the MD of Florida ordered two minor children returned to their habitual residence of Canada pursuant to the Hague Abduction Convention. Their father, Mr. Romanov and their mother, Ms. Soto, were divorced in Canada, and shared joint custody, with Mr. … Read More about Case Update (7 February 2022): Romanov v. Soto; discretion to return a mature child under Hague Abduction Convention

Category iconabduction,  Child Abduction,  forensic,  Hague Abduction Convention,  mature child,  objection

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

January 20, 2022

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

Category iconabduction,  Burden,  Child Abduction,  Evidence,  Grave Risk,  Hague Abduction Convention,  mature child,  pro se,  self-represented

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