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
Case Update (22 Dec 2022): Davis v. Lake; children not returned under Abduction Convention after finding Petitioner consented to their relocation
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
Case Update (15 Dec 2022): Esparza v. Nares; Judge concludes children are not mature enough to voice an objection to returning to Mexico
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
Case Update (6 Dec 2022): Dubikovskyy v. Goun; mature child did not state particularized objection; 8th circuit reverses order and requires child’s return
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
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
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 (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 (10 January 2022): Cruvinel v. Cruvinel; mature child’s “preference” and grave risk of harm
The parents share joint custody of their daughter, AC, under the terms of a Brazilian custody order. AC was born on March 7, 2007 in Brazil. Her parents separated in August 2016, and ultimately divorced in Brazil on April 26, 2018. In May 2018, Respondent Mother informed Petitioner Father that … Read More about Case Update (10 January 2022): Cruvinel v. Cruvinel; mature child’s “preference” and grave risk of harm
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 (2021): Romero v. Bahamonde; mature child’s objection and testimony
In November 2020, the U.S. District Court for the ED Georgia denied Mr. Romero's request to return his children to Chile under the Hague Abduction Convention. Mr. Romero appealed, and, on May 25, 2021, the Eleventh Circuit affirmed. Mr. Romero argues that the District Court was clearly … Read More about Case Update (2021): Romero v. Bahamonde; mature child’s objection and testimony
Case Update (2021): Dubikovskyy v. Goun; Hague Abduction Convention; mature child’s objection
On January 7, 2021, in the case of Dubikovskyy v. Goun, the U.S. District Court for the WD of Missouri, denied Mr. Dubikovskyy's request to return his daughter to Switzerland. Mr. Dubikovskyy (who is Ukrainian) and Ms. Goun (who is Russian) are permanent residents of Switzerland, where … Read More about Case Update (2021): Dubikovskyy v. Goun; Hague Abduction Convention; mature child’s objection
Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence
In Avendano v. Balza, the First Circuit affirmed the U.S. District Court's refusal to return G, a minor child, to Venezuela on the basis that G was mature, and objected to the return. The Petitioner Mother appeals the court's finding on two points.Point one: Petitioner argues the court wrongly … Read More about Case Update (2021): Avendano v. Balza; Hague Abduction Convention, mature child objection and undue influence
Case Update (2020): Trott v. Trott; Hague Abduction Convention, comity to a Hague order from foreign jurisdiction
In the case of Trott v. Trott, the Eastern District of New York granted a father's petition to have his two daughters returned to Bermuda.The parties are parents to two daughters. Their eldest child is not the father's biological daughter, but was raised as his daughter. The youngest is … Read More about Case Update (2020): Trott v. Trott; Hague Abduction Convention, comity to a Hague order from foreign jurisdiction