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psychological risk

Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order

November 11, 2021

On February 26, 2021, in the matter of Colchester v. Lazaro, the U.S. District Court for the W.D. of Washington ordered the parties’ 6-year-old child returned to Spain. On October 22, 2021, the Ninth Circuit vacated and remanded. At trial, Ms. Lazaro argued that the child would be at grave risk … Read More about Case Update (2021): Colchester v. Lazaro; vacate and remand to appoint a psychological expert; need for robust findings in trial court order

Category iconabduction,  Child Abduction,  Discovery,  expert,  Grave Risk,  Hague Abduction Convention,  psychological risk

Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk

August 19, 2021

The Nobrega/Colmenares family, all Venezuelan nationals, resided in Venezuela. When the parents separated, they initially exercised a schedule where Mr. Nobrega would see his son every week and where they shared parental responsibility. Ms. Colmenares began expressing concerns that their son would … Read More about Case Update (2021): Nobrega v. Colmenares; corruption in Venezuela was not a grave risk

Category iconabduction,  abuse,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  psychological risk

Case Update (2021): Jacquety v. Baptista; Grave Risk related to Child’s PTSD

November 4, 2022

The Southern District of NY refused Mr. Jacquety's request to have his child EJ returned to Morocco under the Hague Abduction Convention. The parties stipulated that Mr. Jacquety met his burden for Petitioner's case. Ms. Baptista argued one exception to the child's return: that a return would place … Read More about Case Update (2021): Jacquety v. Baptista; Grave Risk related to Child’s PTSD

Category iconabduction,  Child Abduction,  Grave Risk,  Hague Abduction Convention,  psychological risk

Case Update (2021): Sanchez v. Sanchez, grave risk of harm, domestic violence, corporal punishment, and trauma

April 29, 2021

On March 31, 2021, in Sanchez v. Sanchez, the U.S. District Court for the MD of NC, denied Mr. Sanchez's request to return his 8-year-old daughter to Honduras stating that it would present a grave risk of harm to the child.  Ms. Sanchez made three separate grave risk arguments: (1) domestic … Read More about Case Update (2021): Sanchez v. Sanchez, grave risk of harm, domestic violence, corporal punishment, and trauma

Category iconChild Abduction,  Corporal Punishment,  domestic violence,  Grave Risk,  Hague Abduction Convention,  harm,  Honduras,  psychological risk,  Trauma

Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance

November 9, 2020

The Second Circuit addressed a 2nd appeal in the Saada v. Golan case on October 28, 2020, and affirmed Judge Donnelly's May 5, 2020 order to return the minor child to Italy.  As a reminder, this family has been litigating the father's Hague Abduction Convention return petition up and down the … Read More about Case Update (2020): Saada v. Golan; ameliorative measures, grave risk of harm under the Hague Abduction Convention, guarantees of performance

Category iconameliorative measures,  Child Abduction,  Enforceability,  Grave Risk,  Hague Abduction Convention,  performance,  psychological risk,  undertakings

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