In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary. The order had a variety of "measures" in it that were intended to ensure the California order's enforcement. The … Read More about Case Update (2021): In re Marriage of BK & LS; international relocation
Case Update (2021): Adjei v. Mayorkas; recognition of a foreign divorce decree
Mr. Adjei and the U.S. government filed cross motions for summary judgment in a recent case before the U.S. District Court for the EDVa. On March 23, 2021, the court granted the U.S. government's motion for summary judgment, but denied Mr. Adjei's. This case revolves around USCIS's denial of … Read More about Case Update (2021): Adjei v. Mayorkas; recognition of a foreign divorce decree
Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree
The Kentucky Supreme Court addressed a Husband's request for a writ of mandamus to compel his family court judge, Judge Hagerty, to dismiss his Wife's petition for a divorce because he had already secured a divorce in Jordan. For purposes of this blog, I am going to skip over the merits of the writ … Read More about Case Update (2021): Iqtaifan v. Hagerty; writ of mandamus, recognition of foreign divorce decree
Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity
In the case of Glory and Sunita Jayagaran, the Washington Court of Appeals refused to recognize an Indian divorce decree because the Husband did not properly serve his Wife, thereby denying her due process. The couple lived approximately 18 years, having 3 children, in Washington State. … Read More about Case Update (2020): Jayagaran v. Jayagaran; improper service of process, no due process, refuse to recognize foreign divorce decree as a matter of comity
Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process
On December 1, 2020, the Court of Appeals of the State of Washington, Division II, affirmed a Superior Court order that had the effect of refusing to recognize a Polish child support order.David and Eva Hedges are parents to two children. The Hedges divorced in Arizona, where they resolved … Read More about Case Update (2020): Hedges v. Hedges; Registration, recognition and enforcement of foreign Polish child support order for adult disabled children; minimum due process
Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application
Mr. Imad Jaffal sues the U.S. government for citizenship (Jaffal v. Thompson). The underlying issue for whether Jaffal can be granted citizenship revolves around his parents' divorce, which occurred in Jordan. Apparently, his father obtained a unilateral divorce from his mother in … Read More about Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application
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): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction
The Maryland Court of Special Appeals issued an unreported opinion in the case of Olarinde v. Korede on August 20, 2020. In the opinion, the court examined subject matter jurisdiction and whether Maryland was the "home state" of the parties' children so that Maryland could issue its initial … Read More about Case Update (2020): Olarinde v. Korede; UCCJEA home state, temporary absence due to child abduction
Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
On August 19, 2020, the Third District Court of Appeal for the State of Florida, in Vicario v. Blanch, reversed the trial court's order staying a dissolution proceeding in lieu of a dissolution proceeding in Spain. The parties have a complicated timeline of court filings in both … Read More about Case Update (2020): Vicario v. Blanch; Simultaneous divorce proceedings, comity
Case Update (2020): Pawananun v. Pettit; Hague Abduction Convention, issue preclusion & comity from a prior custody case
In the case of Pawananun v. Pettit, the U.S. District Court addressed the Plaintiff’s Motion to Strike the Defendant’s asserted defense of a grave risk of harm if the children were returned to Thailand. The parties were married and had two daughters. The family lived in Thailand. When … Read More about Case Update (2020): Pawananun v. Pettit; Hague Abduction Convention, issue preclusion & comity from a prior custody case
Case Update (2020): Russello v. Russello; Simultaneous Actions, Separation vs. Divorce, and Recognition as a matter of Comity
Two Italian nationals met, married in Italy, and then subsequently moved to the United States, where they made their marital home for 40 years, and had their children. Both became US nationals. On a trip to Italy in 2015, the spouses had a dispute, and the Husband returned to the United States … Read More about Case Update (2020): Russello v. Russello; Simultaneous Actions, Separation vs. Divorce, and Recognition as a matter of Comity
HCCH Update: COVID-19 Toolkit
The Hague Conference published a document that pinpoints its resources for those working on private international law issues during the covid-19 pandemic. The toolkit can be found at this link. When reviewing the document, you can click on links that will divert you to places on the … Read More about HCCH Update: COVID-19 Toolkit