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
Case Update (2021): Christensen v. Seckin; modification jurisdiction under UCCJEA
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
Case Update (2021): In re Marriage of BK & LS; international relocation
In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary.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 (2020): JS v. RSS; modification of custody order, continuing exclusive jurisdiction under the UCCJEA, relocation of child overseas
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
Case Update (2020): Melki v. Melki; Subject Matter Jurisdiction over a Divorce, Domicile, Foreign Marriage – U.S. divorce
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
Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits
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 … Read More about Case Update (2020): Rizvi v. MD DSS; Hague Convention suit must be brought where the child sits
Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity
Thamilselvan v. Thamilselvan reads like a law school exam question. The spouses, both Indian citizens had lived in Michigan with their daughter since 2000. They owned a house. In December 2017, the Wife and daughter left the marital home. In February 2018, the Wife sought a … Read More about Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity
Case Update (2020): Adoption of Daphne; Jurisdiction for Petition of Adoption for a child born via surrogacy
In this post, I am returning to April 2, 2020, where a Massachusetts court, in the Adoption of Daphne, vacated a trial court's order dismissing a petition to adopt a minor child born in Massachusetts to a gestational surrogate. The child was the product of in-vitro fertilization. … Read More about Case Update (2020): Adoption of Daphne; Jurisdiction for Petition of Adoption for a child born via surrogacy
Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction
On July 6, 2020, the Court of Appeal of the State of California issued an opinion in the case of L.A. Cnty. Dep't of Children & Family Servs. v. MH. At issue, in this case, is a minor child who had been in a shelter in Mexico, and was then transferred to his maternal grandmother in … Read More about Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction
Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
The Derbez v. Derbez divorce matter reminds lawyers that they must be familiar with their jurisdiction’s rules, procedures, and deadlines, and understand the complexity of the recognition and enforcement of foreign judgments. Mr. Derbez pursued a divorce from his wife in Mexico, where he … Read More about Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines
Case Update (2020): Ileiwat v. Labadi; Foreign Divorce Decree Comity, Subject Matter Jurisdiction for property division and support
The Superior Court of Pennsylvania consolidated two appeals in the case of Ileiwat v. Labadi (2020 PA Super 132 (2020)) and, on June 3, 2020, rejected the Husband’s argument that the Pennsylvania court lacked subject matter jurisdiction to order the division of the parties’ property or award … Read More about Case Update (2020): Ileiwat v. Labadi; Foreign Divorce Decree Comity, Subject Matter Jurisdiction for property division and support
Case Update (2020): Alobaid v. Khan; Domestic Violence, Personal Jurisdiction, Contacts between foreign national and U.S. state
The Alobaid v. Khan ( No. 3D19-2128, 3rd District Court of Appeal State of Florida) case addressed the father’s (Mr. Alobaid) argument that Florida lacked personal jurisdiction and subject matter jurisdiction to issue a domestic violence injunction that included a temporary custody … Read More about Case Update (2020): Alobaid v. Khan; Domestic Violence, Personal Jurisdiction, Contacts between foreign national and U.S. state