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subject matter jurisdiction

Event Updates (2023 February): Join these International Family Law Events in February 2023

January 28, 2023

Monday, February 6th - 12 p.m. to 2:30 p.m. ET - Learning the Fundamentals for Your International Family Law Practice: Comparative Law and Jurisdiction - Registration click here Thursday, February 9th - 12 p.m. to 1:30 p.m. ET - Representing UN Employees In Their Family Law Disputes - … Read More about Event Updates (2023 February): Join these International Family Law Events in February 2023

Category iconagreement,  divorce,  foreign divorce,  Hague Service Convention,  international organization,  jurisdiction,  Overseas Service,  retirement,  service,  service of process,  subject matter jurisdiction,  United Nations,  voluntary agreement

Case Update (12 Jan 2023): Antonetti v. Westerhausen; Arizona defines “temporary absence” under definition of home state in UCCJEA

January 14, 2023

The Court of Appeals of Arizona denied Father's appeal where he argued that the trial court improperly assumed child custody jurisdiction under the UCCJEA over their dual Italian-U.S. son who was born in Tunisia in March 2018. In February 2020, the parties traveled to Italy for a vacation. … Read More about Case Update (12 Jan 2023): Antonetti v. Westerhausen; Arizona defines “temporary absence” under definition of home state in UCCJEA

Category iconhome state,  jurisdiction,  subject matter jurisdiction,  temporary absence,  UCCJEA

Case Update (2 Dec 2022): Bleich v. Bleich; subject matter jurisdiction over divorce requires meeting domicile requirement; recognition of foreign divorce is a matter of comity

December 6, 2022

On December 2, 2022, the Supreme Court of Nebraska clarified a procedural point when it came to the recognition of a foreign divorce decree.   On May 4, 2021, Ms. Bleich filed for divorce in the Nebraska court.  At the time, she met the Nebraska requirement that at least one of the two spouses be … Read More about Case Update (2 Dec 2022): Bleich v. Bleich; subject matter jurisdiction over divorce requires meeting domicile requirement; recognition of foreign divorce is a matter of comity

Category iconcomity,  divorce,  foreign divorce,  subject matter jurisdiction

Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver

October 25, 2022

Joshua, father of AJT, filed a petition for divorce and custody in a Texas family court in July 2020. The parents participated in certain hearings and the court entered temporary orders regarding custody of AJT. Cypreana, the child's mother, then sought to have the custody matter dismissed, and the … Read More about Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver

Category iconChild Custody,  custody,  dismiss,  subject matter jurisdiction,  UCCJEA

Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court

October 5, 2022

The parents, in this case, reached a settlement agreement related to Mr. Garzon's request to have the parties' two minor children returned to Colombia under the Hague Abduction Convention. As part of their settlement, the parents filed a request in the Circuit Court for Washtenaw County, Michigan, … Read More about Case Update (30 Sept 2022): Garzon v. Hoffman; Motion for Enforcement to be filed in state court, not federal “Hague” court

Category iconabduction,  Child Abduction,  Contempt Proceedings,  enforcement,  Hague Abduction Convention,  jurisdiction,  subject matter jurisdiction,  voluntary agreement

Case Update (24 Nov 2021): Joseph II v. Luisa JJ; home state; service overseas

December 14, 2021

The parties, Joseph and Luisa, are the parents to one child, born in 2013. They resided primarily in NY during their marriage, but also spent extended time at their second home in Italy. In July 2019, they entered a separation and settlement agreement providing for joint legal and shared physical … Read More about Case Update (24 Nov 2021): Joseph II v. Luisa JJ; home state; service overseas

Category iconHague Service Convention,  home state,  Overseas Service,  personal jurisdiction,  service,  service of process,  subject matter jurisdiction,  Substituted Service,  UCCJEA

Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order

July 27, 2021

On February 26, 2021, the U.S. District Court for the W. District of Washington granted Mr. Colchester's request to have his child returned to Spain. When the court issued its return order, it included the following language, ordering Mr. Colchester to "facilitate daily electronic communications … Read More about Case Update (2021): Colchester v. Lazaro, Contempt Filing, access under Hague Return Order

Category iconaccess,  Contempt Proceedings,  Hague Abduction Convention,  jurisdiction,  personal jurisdiction,  return,  return order,  subject matter jurisdiction

Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA

June 10, 2021

The minor child at issue was born in Turkey in 2013. In 2017, Mr. Christensen and Ms. Seckin reached an agreement resolving custody of their minor child. At the time, Mr. Christensen lived in Alaska, and Ms. Seckin and their child lived in Turkey. In an August 2017 Turkish order, Ms. Seckin was … Read More about Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA

Category iconChild Custody,  continuing exclusive jurisdiction,  custody,  jurisdiction,  modification,  subject matter jurisdiction,  UCCJEA

Case Update (2021): In re Marriage of BK & LS; international relocation

May 11, 2021

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

Category iconabduction prevention,  Case Update,  Child Custody,  Child Relocation,  compliance,  Enforceability,  enforcement,  forum-shopping,  home state,  modification,  reciprocity,  Recognition,  subject matter jurisdiction,  UCCJEA

Case Update (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas

December 1, 2020

The Superior Court of Pennsylvania, in JS v. RSS, addressed an issue of an international relocation and a U.S. court's subject matter jurisdiction over a custody modification action.  The facts are long and twisted, but the salient ones are: the parents divorced in 2015.  The father sought … Read More about Case Update (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas

Category iconChild Relocation,  continuing exclusive jurisdiction,  forum non conveniens,  modification,  Relocation,  subject matter jurisdiction,  UCCJEA

Case Update (2020): Melki v. Melki; Subject Matter Jurisdiction over a Divorce, Domicile, Foreign Marriage – U.S. divorce

October 27, 2020

The Maryland Court of Special Appeals addressed a recent argument made numerous times before in virtually every U.S. state: if a couple is married overseas, particularly in a religious marriage ceremony, then the couple must also divorce overseas.  In the case of Melki v. Melki, the couple … Read More about Case Update (2020): Melki v. Melki; Subject Matter Jurisdiction over a Divorce, Domicile, Foreign Marriage – U.S. divorce

Category iconcomity,  divorce,  domicile,  subject matter jurisdiction

Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits

October 26, 2022

Dr. Hil Rizvi appeals a trial court order dismissing his complaint against a Massachusetts social service agency, a Maryland social service agency, and two separate Swiss governmental agencies.  The Third Circuit Court of Appeals affirmed the dismissal on September 25, 2020. Rizvi is the father of … Read More about Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits

Category icon1980 Convention,  abduction,  Case Update,  ICARA,  subject matter jurisdiction

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