In an unpublished opinion, the Court of Appeals for Idaho affirmed the magistrate court's custody order. Laurent and Micaela divorced in 2019, when their daughter was 3 years old. Laurent, who is a French citizen and U.S. permanent resident, appealed based on the restrictions placed on his … Read More about Case Update (3 Dec 2021): Delagarde v. Delagarde; limitations imposed so as to effectively prohibit child’s international travel
Case Update (2020): LO v. NO; Issuing a U.S. passport to a minor child, abduction prevention issues
The case of LO v. NO, No. CAAP-19-0000762, gives me the opportunity to provide some reminders to everyone about child abduction prevention. The actual underlying issue in this case was the Father’s appeal of the trial court’s post-decree order granting the Mother’s request for a U.S. passport … Read More about Case Update (2020): LO v. NO; Issuing a U.S. passport to a minor child, abduction prevention issues
Case Update (2020): OG v. AB; Abduction Prevention, Restrictions on Passport Renewal, Ne Exeat
In the custody trial of OG v. AB, a Mother expressed her desire to take the parties’ children to visit her family in her native Russia but indicated that the Father was unwilling to give her the children’s expired Russian passports so that she could renew them for the travel. The Father … Read More about Case Update (2020): OG v. AB; Abduction Prevention, Restrictions on Passport Renewal, Ne Exeat
Case Update (2020): Clarke v. Lopez; Obtaining a U.S. passport for a minor child without both parents’ signatures
When parents share joint legal custody of their child, both parents must sign the minor child’s U.S. passport application. In the case of Clarke v. Lopez, the minor child’s father, Mr. Lopez, signed the child’s passport application but did it without the proper notarial stamp. When asked … Read More about Case Update (2020): Clarke v. Lopez; Obtaining a U.S. passport for a minor child without both parents’ signatures
Case Update (2020): Kiviti v. Pompeo; U.S. Citizenship, Child Born through Surrogacy outside of U.S., Same Sex Couple Parents
Roee Kiviti and Adiel Kiviti are married fathers to two children born through surrogates in Canada. Their first child, LRK, born in 2016, used Roee’s sperm and has a biological relationship with Roee. KRK, their second child, born in 2019, used Adiel’s sperm and has a biological … Read More about Case Update (2020): Kiviti v. Pompeo; U.S. Citizenship, Child Born through Surrogacy outside of U.S., Same Sex Couple Parents
Case Update (2020): Sabra v. Pompeo; Consular Report of Birth Abroad and minor child’s U.S. passport application
A minor child born overseas to U.S. parents is eligible for U.S. citizenship if the requirements outlined in the Immigration and Nationality Act (INA) are met. The parents must request a Consular Report of Birth Abroad (CRBA) as evidence of the citizenship before the child’s 18th birthday … Read More about Case Update (2020): Sabra v. Pompeo; Consular Report of Birth Abroad and minor child’s U.S. passport application
Case Update (2020): Raia v. Pompeo; Minor Child’s Passport Issuance and its interplay with the 1980 Convention and COVID-19
Mr. Joseph Raia sued the U.S. Secretary of State and the U.S. Department of State requesting an immediate issuance of a new passport for his 10 year old son who is presently located in Italy and is the subject of a Hague Abduction return proceeding in that country. The minor child’s passport, … Read More about Case Update (2020): Raia v. Pompeo; Minor Child’s Passport Issuance and its interplay with the 1980 Convention and COVID-19