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
Case Update (11 August 2022): Ariza Lopez v. Ash; lack of particular and specific evidence resulted in child’s return to Honduras
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
Case Update (20 May 2022): Karim v. Nakato; child returned to England using Hague Abduction Convention
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
Case Update (31 March 2022): JCC v. LC; affirmed trial judge not interviewing the children in Hague return matter
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
Case Update (7 February 2022): Romanov v. Soto; discretion to return a mature child under Hague Abduction Convention
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
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
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