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
Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention
In the case of Colon v. Mejia Montufar, the U.S. District Court denied the Father’s request to return his minor child to Guatemala. The parties had stipulated that the Father met his burden of presenting a prima facie case of wrongful removal, but the Mother presented two exceptions to … Read More about Case Update (2020): Colon v. Mejia Montufar; Mature Child Objection and the 1980 Hague Abduction Convention