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Family Law Across Borders

Family Law Across Borders

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Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

March 29, 2022

The Nikolenko family is embroiled in simultaneous lawsuits in Texas and Russia. The family had been living in Katy, Texas, with Luiza listed as a dependent on Dmitry's work visa. In 2014, Dmitry's employer transferred him to Brunei for 3-years. The family contemplated a return to Texas, so they … Read More about Case Update (17 Feb 2022): Nikolenko v. Nikolenko; decline to enforce foreign divorce decree because of no due process; weighing abduction risk factors

Category iconabduction prevention,  comity,  divorce,  due process,  foreign divorce,  notice

Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA

August 24, 2021

On August 13, 2021, the Court of Appeals of Texas affirmed its trial court's registration of an ex parte Mexican custody order. The father, Mr. Tucker, appeals the registration, arguing that, at the time the Mexican court issued its order, giving Ms. Covarrubias Campos interim custody, he had no … Read More about Case Update (2021): Tucker v. Covarrubias Campos; registration of ex parte foreign child custody order under UCCJEA

Category iconactual notice,  due process,  notice,  registration,  UCCJEA

Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity

December 30, 2020

In the case of Glory and Sunita Jayagaran, the Washington Court of Appeals refused to recognize an Indian divorce decree because the Husband did not properly serve his Wife, thereby denying her due process.  The couple lived approximately 18 years, having 3 children, in Washington State.  … Read More about Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity

Category iconcomity,  due process,  notice,  Recognition,  service of process

Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order

December 3, 2020

The International Child Abduction Remedies Act allows a parent who is seeking the return of his or her child under the 1980 Hague Abduction Convention to request provisional remedies (see Sec. 9004).  In the case of Babcock v. Babcock, Mrs. Babcock did just that (in August 2020).  She … Read More about Case Update (2020): Babcock v. Babcock; Provisional remedies under ICARA, no notice for temporary restraining order

Category iconChild Abduction,  due process,  Hague Abduction Convention,  ICARA,  injury,  notice,  provisional remedies,  temporary restraining order,  TRO

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