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
Case Update (5 Dec 2022): Olaide O. v. Oluseun O.; NY court assumes vacuum jurisdiction over child who has resided in Nigeria his whole life
This is a fascinating case, because a New York court concluded that, despite the child, F, having never resided in NY, the NY court had vacuum jurisdiction over the child. The child's two parents and 3 siblings all reside in the United States. They moved to the U.S. from Nigeria, but, due to a … Read More about Case Update (5 Dec 2022): Olaide O. v. Oluseun O.; NY court assumes vacuum jurisdiction over child who has resided in Nigeria his whole life
Case Update (13 Oct 2022): In the Interest of AJT; subject matter jurisdiction over custody cannot be conferred by agreement, actions, or waiver
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
Case Update (29 June 2022): In re. Marriage of Randoy; 1 year in Canada was a temporary absence from California based on parents’ intent
The Randoys are married parents to one son born in Los Angeles in 2014. Marieke, a Canadian national, was having difficulty finding acting parts in LA, so she discussed, with Reed, taking their son to Canada, finding smaller TV roles there, booking several, and then returning to LA to audition "via … Read More about Case Update (29 June 2022): In re. Marriage of Randoy; 1 year in Canada was a temporary absence from California based on parents’ intent
Case Update (7 June 2022): Dixon v. Smith; continuing exclusive jurisdiction declined for a more appropriate forum
The parties and their 2 children are Canadian citizens who migrated to the United States in 2014. They divorced in Delaware in 2016, and in 2018, after a full merits trial, the Delaware Family Court permitted the mother to relocate the children to Canada. In February 2021, the father filed a suit in … Read More about Case Update (7 June 2022): Dixon v. Smith; continuing exclusive jurisdiction declined for a more appropriate forum
Case Update (7 June 2022): Molina v. Pineda, Registration of Salvadoran custody order in U.S.
On June 7, 2022, the Maryland Court of Special Appeals, in an unreported opinion, affirmed the registration of a Salvadoran custody order that provided for a father's visitation. The parents secured a court order from El Salvador. The mother then relocated the child to Maryland, and the father … Read More about Case Update (7 June 2022): Molina v. Pineda, Registration of Salvadoran custody order in U.S.
Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional
On June 1, 2022, the U.S. District Court for the SD of Florida denied Mr. Olajide's request for an immediate hearing to obtain a preliminary injunction. From a review of Mr. Olajide's Complaint, it appears that he is a Nigerian national, residing in Florida (Miami-Dade). He is suing a variety of … Read More about Case Update (1 June 2022): Olajide v. Mockler; Motion for preliminary injunction denied; Nigerian father seeks UCCJEA be declared unconstitutional
Case Update (24 May 2022): Makin v. Davis; Registration of UK custody order in Georgia
The Court of Appeals of Georgia reversed a trial court that had refused to register and enforce a UK custody order in Georgia. The opinion outlines some of the arguments both parents made. The arguments, themselves, are quite confusing and miss the mark. The court distilled the case as a simple … Read More about Case Update (24 May 2022): Makin v. Davis; Registration of UK custody order in Georgia
Case Update (19 May 2022): VK v. KK; temporary absence and UCCJEA custody jurisdiction
The parents are Indian nationals that lived in Cleveland, Ohio. Their child was born in Cleveland, and is a U.S. citizen. On or about February 21, 2018, the family traveled to India for a family wedding. While there, the parents separated so they could each visit with their own family members, … Read More about Case Update (19 May 2022): VK v. KK; temporary absence and UCCJEA custody jurisdiction
Case Update (18 Jan 2022): NY ex rel. BE; Writ of Habeas Corpus; Habitual Residence
On January 18, 2022, the Supreme Court of Kings County, NY denied a Father's petition for emergency jurisdiction to return his son to England, and his request for an opinion that England was the child's habitual residence. The parties are parents to one child, adopted in 2013. The family … Read More about Case Update (18 Jan 2022): NY ex rel. BE; Writ of Habeas Corpus; Habitual Residence
Case Update (28 January 2022): In re. BV; UCCJEA jurisdiction when there is no home state
The minor child, BV, was placed with a foster parent by the LA County Department of Children and Family Services (DCFS) after allegations that her parents abused her. The minor child and her mother traveled to California, as undocumented immigrants, approximately 2-3 months prior to DCFS removed … Read More about Case Update (28 January 2022): In re. BV; UCCJEA jurisdiction when there is no home state
Case Update (13 Jan 2022): Senay Akin v. Nedim Suljevic; returning a wrongfully retained child – Hague Abduction and UCCJEA paths
The Supreme Court of NH affirmed the registration and enforcement of a Turkish custody order, returning the parties' child to the mother. The parties are parents to one daughter, born in Turkey in 2011. She continuously lived in Turkey until 2019. She attended school and received medical care in … Read More about Case Update (13 Jan 2022): Senay Akin v. Nedim Suljevic; returning a wrongfully retained child – Hague Abduction and UCCJEA paths