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modification

Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas

September 7, 2022

In 2021, Mr. Cortez and Ms. Garza were litigating over the issue of jurisdiction for their custody matter. The parties are now back before the court on the issue of child support. Mr. Cortez sought a reduction in child support, which was granted and applied retroactively to January 1, 2018. Mr. … Read More about Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas

Category iconchild support,  modification,  retention,  standard of living,  wrongful retention

Case Update (31 January 2022):Blackman v. Davis; material change of circumstances because father didn’t enforce U.S. custody order for extended period of time

February 22, 2022

On January 31, 2022, in an unreported opinion, the Maryland Court of Special Appeals affirmed a custody order issued by the Prince George's County Circuit Court. In this particular case, the child was born in early 2016. The parents, never married, separated in early 2018. In or about September … Read More about Case Update (31 January 2022):Blackman v. Davis; material change of circumstances because father didn’t enforce U.S. custody order for extended period of time

Category iconabduction,  Child Abduction,  enforcement,  Hague Abduction Convention,  Mexico,  modification,  registration

Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures

December 2, 2021

Jeffrey and Yuko are the parents to two children. Jeffrey and the children resided in Illinois, and Yuko resided in Japan. In the parties' 2013 custody order, the children were permitted summer access with their mother in Japan if three conditions were met: (1) Japan became a signatory to the … Read More about Case Update (9 Nov 2021): In re. Marriage of Jeffrey and Yuko; child abduction prevention measures

Category iconabduction prevention,  covid-19,  modification

Case Update (2021): Pokrovskaya v. Van Genderen; UCCJEA inconvenient forum

June 15, 2021

Mother and Father divorced in Wyoming in 2016. They are parents to one child. The Wyoming Court awarded Father custody, with Mother having 10 days of visitation each month. The Mother resided, and continues to reside, in Russia. In 2018, the Father and child moved to Russia, spent the 2019 … Read More about Case Update (2021): Pokrovskaya v. Van Genderen; UCCJEA inconvenient forum

Category iconContempt Proceedings,  continuing exclusive jurisdiction,  inconvenient forum,  modification,  UCCJEA

Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA

June 10, 2021

The minor child at issue was born in Turkey in 2013. In 2017, Mr. Christensen and Ms. Seckin reached an agreement resolving custody of their minor child. At the time, Mr. Christensen lived in Alaska, and Ms. Seckin and their child lived in Turkey. In an August 2017 Turkish order, Ms. Seckin was … Read More about Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA

Category iconChild Custody,  continuing exclusive jurisdiction,  custody,  jurisdiction,  modification,  subject matter jurisdiction,  UCCJEA

Case Update (2021): In re Marriage of BK & LS; international relocation

May 11, 2021

In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary. The order had a variety of "measures" in it that were intended to ensure the California order's enforcement. The … Read More about Case Update (2021): In re Marriage of BK & LS; international relocation

Category iconabduction prevention,  Case Update,  Child Custody,  Child Relocation,  compliance,  Enforceability,  enforcement,  forum-shopping,  home state,  modification,  reciprocity,  Recognition,  subject matter jurisdiction,  UCCJEA

Case Update (2021): FY v. JL; jurisdiction to modify a foreign child support order

March 25, 2021

In the unpublished opinion of FY v. JL, the New Jersey Superior Court Appellate Division denied a Mother's attempt to modify the parties' Chinese child support order.  The parties, parents to a minor child born in China in 2006, entered into a Marital Settlement Agreement (MSA) in … Read More about Case Update (2021): FY v. JL; jurisdiction to modify a foreign child support order

Category iconchild support,  continuing exclusive jurisdiction,  foreign child support order,  modification,  UIFSA

Case Update (2020): Cortez v. Cortez; UCCJEA, connections sufficient to maintain continuing, exclusive jurisdiction to modify a custody order

January 15, 2021

The Court of Appeals of Texas, Houston affirmed the trial court in Cortez v. Cortez on December 29, 2020, which found that Texas no longer had continuing, exclusive jurisdiction to modify its custody order.Mr. and Ms. Cortez are parents to two sons, both born in Texas, but who moved to Mexico a few … Read More about Case Update (2020): Cortez v. Cortez; UCCJEA, connections sufficient to maintain continuing, exclusive jurisdiction to modify a custody order

Category iconcontinuing exclusive jurisdiction,  forum non conveniens,  modification,  UCCJEA

Case Update (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas

December 1, 2020

The Superior Court of Pennsylvania, in JS v. RSS, addressed an issue of an international relocation and a U.S. court's subject matter jurisdiction over a custody modification action.  The facts are long and twisted, but the salient ones are: the parents divorced in 2015.  The father sought … Read More about Case Update (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas

Category iconChild Relocation,  continuing exclusive jurisdiction,  forum non conveniens,  modification,  Relocation,  subject matter jurisdiction,  UCCJEA

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