In 2021, Mr. Cortez and Ms. Garza were litigating over the issue of jurisdiction for their custody matter. The parties are now back before the court on the issue of child support. Mr. Cortez sought a reduction in child support, which was granted and applied retroactively to January 1, 2018. Mr. … Read More about Case Update (25 August 2022): Cortez v. Garza & OAG of Texas; application of child support guidelines for a child overseas
Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence
The Middle District of Tennessee examined the issue of habitual residence in a "retention" case under the 1980 Hague Abduction Convention in Rodriguez v. Fernandez. In this case, the court weeded through inconsistent testimony taken by remote technology through interpreters and messages that … Read More about Case Update (2020): Rodriguez v. Fernandez; Hague Abduction Case, Date of Removal vs. Retention for Assessment of Habitual Residence
Case Update (2020): Biagioli Da Silva v. Vieira; Hague Abduction Convention – Right of Custody
The case of Biagioli Da Silva et. al. v. Vieira is, in most respects, a run-of-the-mill Hague Abduction return proceeding. The parents and children were all Brazilian nationals. The parents separated, divorced, and shared custody in Brazil. The Father, Biagioli Da Silva, ran into … Read More about Case Update (2020): Biagioli Da Silva v. Vieira; Hague Abduction Convention – Right of Custody
Case Update (2020): Zaoral v. Meza; Hague Abduction Convention, one year and now settled
On August 26, 2020, in the case of Zaoral v. Meza, the U.S. District Court for the Southern District of Texas ordered the return of a 15-year-old child to Venezuela. The parties' youngest child, age 15 at the time of the trial, was the subject of a Venezuelan custody order that gave both parents … Read More about Case Update (2020): Zaoral v. Meza; Hague Abduction Convention, one year and now settled
Case Update (2020): Saada v. Golan; Undertakings to Ameliorate a Grave Risk and the 1980 Convention
In 2019, the 2nd Circuit Court of Appeals addressed the issue of undertakings in a 1980 Hague Child Abduction Convention case. In the case of Saada v. Golan, 930 F.3d 533 (2nd Cir 2019), a mother was accused of wrongfully retaining the parties’ minor child in New York after visiting for a … Read More about Case Update (2020): Saada v. Golan; Undertakings to Ameliorate a Grave Risk and the 1980 Convention
Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
On April 23, 2020, the U.S. District Court for the Western District of Michigan (Southern Division) issued an opinion on remand from the 6th Circuit in the case of Moreno v. Zank (No. 1:17-cv-732) to pinpoint the moment in time when the minor child was wrongfully retained by her father in … Read More about Case Update (2020): Moreno v. Zank; Pinpointing the date of a wrongful retention – Moreno v. Zank
Case Update (2020): Cook v. Arimitsu; Recognition of Foreign Court’s Hague Abduction Order
The Minnesota Court of Appeals issued yet another opinion in the hotly litigated case of Cook v. Arimitsu. The facts are extremely complex, but surround a mother who took four children (2 sets of twins) to Japan in 2014, and did not return with them. Afterwards, the parents engaged in a … Read More about Case Update (2020): Cook v. Arimitsu; Recognition of Foreign Court’s Hague Abduction Order