On November 29, 2022, the District Court of the WD of North Carolina denied Ms. Brandt’s request to return the parties’ two children, both born in Sweden, to Sweden using the Hague Abduction Convention. The children, born in October 2016 and September 2019, were the subject of a social welfare … Read More about Case Update (29 Nov 2022): Brandt v. Caracciolo; childrens’ return to Sweden denied
Case Update (13 Oct 2022): Godinez v. Godinez; motion to dismiss denied in Hague Abduction matter
Mr. Godinez filed a request to have his three children returned to Mexico pursuant to the Hague Abduction Convention on or about June 8, 2022. When Ms. Godinez was appointed pro bono counsel, the counsel filed a Motion to Dismiss pursuant to FRCP Rule 12(b)(1) for lack of subject-matter … Read More about Case Update (13 Oct 2022): Godinez v. Godinez; motion to dismiss denied in Hague Abduction matter
Case Update (2021): Lukic v. Elezovic; summary judgment granted and child returned under Hague Abduction Convention
On February 9, 2021, in the case of Lukic v. Elezovic, the U.S. District Court for the ED of NY ordered the minor child returned to Montenegro after both parties filed motions for summary judgment. The court reviewed memorandums and affidavits, and issued its order granting the father's … Read More about Case Update (2021): Lukic v. Elezovic; summary judgment granted and child returned under Hague Abduction Convention
Case Update (2020): Colchester v. Lazaro; Petitioning Parent needs to establish his or her prima facie case to have his/her child returned using the Hague Abduction Convention
The U.S. District Court for the Western District of Washington denied Mr. Colchester's request that the court immediately return his daughter to him in Spain pursuant to the Hague Abduction Convention. The case came before the court after Ms. Lazaro, the child's mother, removed the case from … Read More about Case Update (2020): Colchester v. Lazaro; Petitioning Parent needs to establish his or her prima facie case to have his/her child returned using the Hague Abduction Convention
Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding
The case of Schwartz v. Hinnendael gives an interesting assessment of both the Monasky habitual residence standard and the grave risk of harm analysis. I suggest reading the actual case to get the best view of how the court weighed all the facts and reached its conclusion. I think the … Read More about Case Update (2020): Schwartz v. Hinnendael; Hague Abduction Convention, application of Monasky for young children, grave risk of harm, simultaneous custody proceeding