On September 21, 2021, the Sixth Circuit Court of Appeals affirmed the district court's summary judgment, dismissing Mr. Douglas's Request to Return his son, JD, to Australia. Nancy and Heath met online in October 2017. About a month or two later, Nancy left her job in Boston, took a remote … Read More about Case Update (2021): Douglas v. Douglas; habitual residence of young child
Case Update (2021): Dumitrascu v. Dumitrascu; habitual residence of a young child; application of Monasky
On September 15, 2021, in the case of Dumitrascu v. Dumitrascu, the U.S. District Court for the District of Colorado ordered the parties' minor child returned to Romania under the Hague Abduction Convention. The Parties are parents to a daughter, AMBD, who was born in Romania on September 4, … Read More about Case Update (2021): Dumitrascu v. Dumitrascu; habitual residence of a young child; application of Monasky
Case Update (2021): Ho v. Ho; Hague Abduction; habitual residence of infant under Monasky
On July 12, 2021, the U.S. District Court for the ND of Illinois ordered the return of the Mr. and Mrs. Ho's child to New Zealand. The parties are both permanent residents of New Zealand. Petitioner Father is a citizen of Taiwan, and Respondent Mother is a citizen of the United States. In 2016, … Read More about Case Update (2021): Ho v. Ho; Hague Abduction; habitual residence of infant under Monasky
Case Update (2021): Sain v. Sain; habitual residence, return to signatory only
On July 2, 2021, the U.S. District Court for the Middle District of Florida denied Ms. Sain's request to have her children returned to England under the Hague Abduction Convention. Ms. Sain is Filipino and Mr. Sain is American. They are parents to two children. Their first child was born in … Read More about Case Update (2021): Sain v. Sain; habitual residence, return to signatory only
Case Update (2021): Nowlan v. Nowlan, interplay of multiple proceedings in 2 countries
On June 10, 2021, the U.S. District Court for the W.D.Va. granted Bryce Nowlan's request to have his daughter AEN returned to Canada using the Hague Abduction Convention. The child is the subject of competing custody cases in Virginia and Canada, and was already the subject of a prior Hague … Read More about Case Update (2021): Nowlan v. Nowlan, interplay of multiple proceedings in 2 countries
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 (2020): Monasky v. Taglieri; Washington Foreign Law Society program on Habitual Residence
The Washington Foreign Law Society was founded in 1952 and promotes knowledge and understanding of international legal matters, comparative law issues, and foreign law. The organization, centered in the robust legal community of Washington, D.C., produces fantastic programs. On … Read More about Case Update (2020): Monasky v. Taglieri; Washington Foreign Law Society program on Habitual Residence
Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived
The recent 1980 Hague Abduction case of De Carvalho v. Carvalho Pereira focused on two key issues: the children's habitual residence and whether the children were now settled in the United States. The District Court of Appeal of Florida affirmed the trial court's order to return both children … Read More about Case Update (2020): De Carvalho v. Carvalho Pereira; Return of a child to a habitual residence where that child has never lived
Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required
The 10th Circuit affirmed the Pope v. Lunday decision on November 20, 2020. Ms. Lunday, pregnant with twins, returned to her home of Oklahoma from Brazil. The twins were born in Oklahoma, and shortly after, Mr. Pope filed suit under the 1980 Hague Abduction Convention, seeking the twins' … Read More about Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required