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parental intent

Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared

April 5, 2022

Mr. Solis filed his Petition for Return of his five-year-old daughter from Texas to Mexico on January 18, 2022. The trial was held on March 9 & 10, 2022, after which the court ordered the Child returned to Mexico. The main issues appear to revolve around the fact that both parents intended for … Read More about Case Update (15 March 2022): Solis v. Arellano; parents’ intent for child to live in Texas was not shared

Category iconabduction,  Child Abduction,  consent,  Habitual Residence,  Hague Abduction Convention,  intent,  parental intent

Case Update (2021): Rishmawy v. Vergara; habitual residence

June 1, 2021

The U.S. District Court for the SD of GA granted Ms. Rishmawy's petition for the return of her daughter to Honduras under the Hague Child Abduction Convention. The parties had separated just prior to the minor child's birth. The child lived with her mother in Honduras, while Mr. Vergara lived in a … Read More about Case Update (2021): Rishmawy v. Vergara; habitual residence

Category iconabduction,  acclimatization,  Child Abduction,  Habitual Residence,  Hague Abduction Convention,  intent,  parental intent

Case Update (2020): Pope v. Lunday; habitual residence of infants; place of birth vs. parents’ intent; no evidentiary hearing required

December 7, 2020

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

Category iconChild Abduction,  Discovery,  Evidence,  evidentiary hearing,  Habitual Residence,  Hague Abduction Convention,  intent,  Monasky,  parental intent

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