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subject matter jurisdiction

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

November 29, 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In an unpublished opinion on April 16, 2021, the California Court of Appeal affirmed a Superior Court order permitting a mother to relocate her two minor children to Hungary.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

April 22, 2021

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

April 22, 2021

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

April 22, 2021

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

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

Case Update (2020): Thamilselvan v. Thamilselvan; Foreign Injunction to proceed with US divorce and the issue of Comity

April 22, 2021

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

Category iconcomity,  divorce,  due process,  Enforceability,  forum-shopping,  injunction,  subject matter jurisdiction,  temporary absence

Case Update (2020): Adoption of Daphne; Jurisdiction for Petition of Adoption for a child born via surrogacy

April 22, 2021

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

Category iconadoption,  jurisdiction,  subject matter jurisdiction,  surrogacy

Case Update (2020): L.A. Cnty Dep’t of Children & Family v. MH; UCCJEA, Continuing Exclusive Jurisdiction, Temporary Emergency Jurisdiction

April 22, 2021

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

Category iconCase Update,  forum non conveniens,  jurisdiction,  simultaneous proceedings,  subject matter jurisdiction,  UCCJEA

Case Update (2020): Derbez v. Derbez; Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines

April 22, 2021

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

Category iconCase Update,  comity,  divorce,  Enforceability,  enforcement,  forum-shopping,  jurisdiction,  subject matter jurisdiction

Case Update (2020): Ileiwat v. Labadi; Foreign Divorce Decree Comity, Subject Matter Jurisdiction for property division and support

April 22, 2021

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

Category iconcomity,  divisible divorce,  divorce,  in rem jurisdiction,  personal jurisdiction,  subject matter jurisdiction

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