Respondent, Ms. Trusurta, requested a stay of the court's order requiring the parties' 7-year-old daughter be returned to Japan pending appeal and until she can secure immigration authorization and financial security in Japan so that she can also return. The court denied her request for a stay. … Read More about Case Update (30 Sept 2022): Tsuruta v. Tsuruta; request for a stay pending appeal denied
Case Update (28 Sept 2022): Radu v. Shon; request for stay denied, Respondent may seek stay from 9th Circuit
On August 22, 2022, the district court again ordered the parties' 2 minor children returned to Germany, and did so without a further evidentiary hearing. Ms. Shon, the Respondent, appeals, and seeks a stay of the order requiring the return of the children. In arguing that she is likely to prevail … Read More about Case Update (28 Sept 2022): Radu v. Shon; request for stay denied, Respondent may seek stay from 9th Circuit
Case Update (2021): Dumitrascu; Motion for Stay of Return Order
Mr. Dumitrascu filed a motion to stay the U.S. District Court's order returning his minor child to Romania. You can review the court's analysis when ordering the child returned here. Mr. Dumitrascu's motion focuses on his argument that the United States, and not Romania, was the minor child's … Read More about Case Update (2021): Dumitrascu; Motion for Stay of Return Order
Case Update (2021): In re Marriage of Wang and Jiaojiao Zhou; registration of a foreign custody order; home state’s order stayed
On April 9, 2021, the Court of Appeal for the Sixth District of California issued an opinion in the case of Jiaojiao Zhou and Sean Wang. Ms. Zhou and Mr. Wang are the parents to a daughter born in 2013 in China. She lived primarily with her mother in China, and visited her father, who was working … Read More about Case Update (2021): In re Marriage of Wang and Jiaojiao Zhou; registration of a foreign custody order; home state’s order stayed
Case Update (2021): Lukic v. Elezovic, motion for stay denied
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 forthwith to Montenegro. However, the mother failed to return the minor child. On February 22, 2021, the trial judge held a phone conference to develop a plan to return … Read More about Case Update (2021): Lukic v. Elezovic, motion for stay denied
Case Update (2020): Noergaard v. Noergaard; Moot appeal of a Hague Abduction Return Order after child turns age 16
On October 29, 2020, the California Court of Appeal, Fourth District, Division 3, addressed, in an unpublished opinion, the 2nd appeal noted by Tammy Noergaard to the order returning her eldest daughter, Mia, to Denmark. In quick summary, Tammy had 2 daughters with Christian Noergaard. … Read More about Case Update (2020): Noergaard v. Noergaard; Moot appeal of a Hague Abduction Return Order after child turns age 16
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): Guerra v. Rodas; 1980 Hague Abduction Convention, Consent & Grave Risk not found; Return Stayed because of COVID-19
In the case of Guerra v. Rodas, (Case No. CIV-20-96-SLP), Plaintiff Mother sought the return of her minor child to Guatemala. The child was removed from Guatemala in March 2019 by the child’s biological Father. In May 2019, Plaintiff Mother reported the child’s removal to law enforcement … Read More about Case Update (2020): Guerra v. Rodas; 1980 Hague Abduction Convention, Consent & Grave Risk not found; Return Stayed because of COVID-19
Case Update (2020): Gallegos v. Garcia Soto; 1980 Convention, Grave Risk, Return Stayed due to COVID-19
On April 30, 2020, the US District Court for the Western District of Texas Austin Division issued an order in the case of Gallegos v. Garcia Soto returning the parties’ minor child to Mexico. The court, which took evidence in early March took the further step of staying its return order … Read More about Case Update (2020): Gallegos v. Garcia Soto; 1980 Convention, Grave Risk, Return Stayed due to COVID-19