33 results for 'cat:"Family Law" AND cat:"International Law"'.
J. Goodwin dismisses the petition to remain in the US filed by the relative of the US citizen-adopted child. The grandmother of the Cabo Verde citizen adopted the child in Massachusetts. She did not submit sufficient evidence showing the child was not a habitual citizen of Cabo Verde, and the director issued a notice of intent to deny. The petitioner submitted documents to the board on appeal that were not submitted to the director. Though she says that she made “many unsuccessful attempts to contact the Hague Central Authority of Cabo Verde," the board will not accept evidence offered for the first time on appeal.
Court: Board of Immigration Appeals, Judge: Goodwin , Filed On: May 17, 2024, Case #: 4075, Categories: family Law, Immigration, international Law
J. Carney finds that the district court properly held that a Ukrainian mother violated international child abduction laws by taking her two children to New York after Russia invaded their homeland, rather than send her children to their father's residence outside Ukraine, under their custody arrangement. That the father consented to the children's removal for safety reasons did not preclude wrongful retention claims he brought under the Hague Convention after learning that the mother had moved the children to the U.S. However, limited remand is required to clarify that Ukrainian courts maintain authority over the ultimate custody determination. Affirmed.
Court: 2nd Circuit, Judge: Carney, Filed On: May 16, 2024, Case #: 24-172, Categories: family Law, international Law
J. Hanson finds that the lower court properly terminated the parental rights of the mother to the child. The mother, who resides in Guatemala, failed to raise her due process argument regarding compliance with the Vienna Convention before the juvenile court. Also, the lower court did not err in its finding that she could communicate well enough with her attorney, despite the lower court not providing her an interpreter in her primary language. Affirmed.
Court: Alabama Court of Civil Appeals, Judge: Hanson, Filed On: May 10, 2024, Case #: CL-2023-0102, Categories: family Law, international Law
J. Engelmayer denies the mother's petition for the return of her son, age 11, to Chile. While the child's habitual residence for his entire life has been Chile, the child unequivocally does not want to return to Chile, despite his higher standard of living with his mother. He has consistently articulated feelings of depression and desperation in connection with his life in Chile, and feels happier living with his father in New York where he is doing well in school and developing close friends. While the child is not at risk of grave harm if he returns to Chile, the balance of circumstances favors retention in the U.S.
Court: USDC Southern District of New York, Judge: Engelmayer, Filed On: May 7, 2024, Case #: 1:24cv1379, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
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J. Wood finds that the lower court properly ordered the six-year-old child returned to Germany in a suit filed by a German mother under the International Child Abduction Remedies Act. The record supports the finding that the child's residence was in Germany at the time the father refused to return the child after his summer visitation time was over. Affirmed.
Court: 7th Circuit, Judge: Wood, Filed On: April 30, 2024, Case #: 23-3407, Categories: family Law, international Law
J. Conrad grants the father of a child who was illegally taken from Peru to the U.S. his petition for return of the child. The mother, originally from Venezuela, fled to Peru to escape political oppression, then met the child’s father, who is from Peru. On a trip to visit relatives in the U.S., the mother refused to return to Peru and would not let the father take the child back to Peru either. The mother has not shown sufficient evidence proving a grave risk of harm to the child if they returned to Peru.
Court: USDC Western District of North Carolina, Judge: Conrad, Filed On: April 26, 2024, Case #: 3:24cv226, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Jones denies the father's petition seeking the return of his child to Mexico under the Convention on the Civil Aspects of International Child Abduction. Although the family "see-sawed" between Mexico and the United States since the child's birth, the majority of the child’s school and medical connections are in Washington, and the father looked at various houses to purchase in the United States. Because the child's habitual residence is the United States, the father's petition is denied.
Court: USDC Western District of Washington, Judge: Jones, Filed On: April 24, 2024, Case #: 2:23cv1655, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Sneed partially grants the father's motion for a temporary restraining order against the mother in his suit seeking their child's return to their home country of Chile. The father has sufficiently established that he is likely to succeed on the merits of his petition, and that he would suffer an immediate and irreparable injury absent a restraining order. He has not, however, demonstrated sufficient facts to warrant the immediate arrest of the child and removal from the mother's custody.
Court: USDC Middle District of Florida, Judge: Sneed, Filed On: March 22, 2024, Case #: 6:24cv542, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Ruiz grants $34,814.91 in attorney fees and costs to the father in his suit against the mother seeking the return of their child to Spain. The requested fees and costs are reasonable, and the mother has failed to respond to the father's motions for them.
Court: USDC Southern District of Florida, Judge: Ruiz, Filed On: February 26, 2024, Case #: 1:23cv22341, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law, Attorney Fees
J. Herndon finds the county court properly dismissed this child custody complaint. The child was born in the Philippines to a Filipino mother and an American father. The father sought custody in the U.S. after the parents' relationship dissolved. Though the father has presented evidence the child has spent time in the U.S., her home state under the Uniform Child Custody Jurisdiction and Enforcement Act was properly found to be the Philippines. Affirmed.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: January 31, 2024, Case #: 86347, Categories: family Law, international Law, Guardianship
J. Donnelly denies a fourth petition to return a seven-year-old Italian boy who suffers from post traumatic stress disorder back to his home country of Italy. The court had previously approved the petition under the expectation that he would live with his mother. However, the mother unexpectedly died, putting the plans in disarray. Without a concrete determination on where the boy would live or with whom, along with the possibility that he may even be placed in an institutional setting while an Italian court decides the custody issues, the court finds he would be subject to grave risk of psychological harm and denies the petition.
Court: USDC Eastern District of New York, Judge: Donnelly, Filed On: January 14, 2024, Case #: 1:18cv5292, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Tostrud partially grants the father's motion for a temporary injunction preventing the mother from removing their child from Minnesota pending proceedings in his action to return the child to Mexico. The child shall not be removed for fourteen days, since the father has shown that there is a significant risk that the mother, if given notice of his motion, would attempt to remove the child from the state and conceal their whereabouts and that he therefore faces a threat of irreparable harm greater than the financial harms likely to come to the mother if the injunction is granted.
Court: USDC Minnesota, Judge: Tostrud, Filed On: January 12, 2024, Case #: 0:23cv3911, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Schutz finds the lower court erroneously granted the mother's motion to dismiss the father's request to return the couple's child to Mexico under the Hague Abduction Convention. Although the mother was granted custody of the child during divorce proceedings, the father did not relinquish all of his "patria potestas" rights under Mexican law. Nothing in the divorce decree constitutes an explicit concession of the father's parental rights and so the case must be remanded to the trial court to allow for consideration of the merits of the father's claims. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: January 4, 2024, Case #: 2024COA2, Categories: family Law, international Law
J. Mullen grants a father’s motion for preliminary injunction in this international child abduction case against the mother of the child in question. The child, born in Ukraine, lived mostly in Germany until the mother unlawfully brought the child to the U.S. The father is likely to succeed on the merits of his claim and he is likely to suffer irreparable harm without an injunction. The mother is ordered not to leave North Carolina with the child, else she will be considered in contempt of court.
Court: USDC Western District of North Carolina, Judge: Mullen, Filed On: January 2, 2024, Case #: 3:23cv878, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Alonso grants the suing parent’s petition for the defendant parent to return a minor child to Germany. The individuals are former domestic partners — the plaintiff European, the defendant American — who had the minor child together, but separated soon after. The American defendant eventually committed domestic battery against the European plaintiff; successive custody battles over the child ensued. In this particular round, the European individual has a legal right under the Hague Convention to demand the child be returned to Germany.`
Court: USDC Northern District of Illinois, Judge: Alonso, Filed On: December 13, 2023, Case #: 1:23cv5017, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law
J. Richman finds the district court improperly denied the Mexican mother’s request for the return of her children who were born in Mexico but taken to El Paso by the father after the couple split up. Though the father says that returning the children would violate their right to an education and expose them to a risk of harm, the mother’s petition under the Hague Convention does not allow the district court to resolve the question of which parent is best suited to have custody. Reversed and remanded.
Court: 5th Circuit, Judge: Richman, Filed On: October 11, 2023, Case #: 22-50203, Categories: family Law, international Law, Guardianship
J. Maraman finds the probate court improperly decided that a woman was not the legal spouse of the deceased, and therefore did not have authority to appoint a administrator for his estate. The marriage between the deceased and his wife in the Philippines was valid as he had been granted a interlocutory divorce to his previous wife in Guam. Guam statutes on divorce and remarriage apply here rather than those of the Philippines, as “the Supreme Court of the Philippines has held that where a party presents a foreign interlocutory divorce decree as evidence that the capacity to remarry has been restored, the legal effects of the interlocutory decree under the foreign law must be shown.” Reversed.
Court: Guam Supreme Court, Judge: Maraman, Filed On: October 11, 2023, Case #: CVA22-12, Categories: family Law, international Law, Wills / Probate
Per curiam, the appellate division finds that the lower court properly held that New York has exclusive jurisdiction over the parties' custody dispute because the child has resided in New York for over six months prior to the mother filing for custody. The mother's relocation from Morocco to escape domestic violence was not a wrongful removal of the child. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 10, 2023, Case #: 05091, Categories: family Law, international Law
J. Rodriguez finds a lower court erred in partially granting summary judgment to an ex-husband in a divorce case and instead issues a writ of mandamus in favor of the ex-wife. The lower court has not adequately considered a premarital agreement signed by the couple before they married in Mexico, including whether the agreement is valid under Texas law. Reversed.
Court: Texas Courts of Appeals, Judge: Rodriguez, Filed On: October 9, 2023, Case #: 08-23-00225-CV, Categories: family Law, international Law
J. Neeley finds the trial court properly ordered the mother’s children returned from the father in Israel. After the parents married in the U.S. and the mother become pregnant with twins, the Israeli-citizen father returned to Israel and divorced the mother because she was not Jewish. The mother travelled to Israel, where she gave birth, then returned with the children to the US. The father then had a petition granted for the children’s return to Israel. The children’s residence for two years has been Texas. Though the father says that he did not receive sufficient notice of the hearing on the mother’s motion, the matter before the court does not implicate the deprivation of his liberty interest in custody, but the correct physical location of the twins. The expired date for the children’s return is modified. Affirmed as modified.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: October 6, 2023, Case #: 12-23-00042-CV, Categories: family Law, international Law, Guardianship
J. Hicks grants and reduces a mother’s request for attorney fees and expenses incurred in litigating a parental kidnapping case against the child’s father in the U.S. and expediting the return of their son to his habitual residence in Honduras. While there is international case law to support the mother’s request for $71,187 in fees and expenses, such an award in would be “patently unreasonable.” Because of the father’s unemployment and financial condition, the fee and expense award against him is reduced by 15%, down to $60,509.
Court: USDC Western District of Louisiana , Judge: Hicks, Filed On: September 19, 2023, Case #: 5:22CV1053, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law, Attorney Fees
J. Rowland grants the Mexican parent's petition to have her child returned to her in Mexico. The child is currently living with the father in the U.S., but per the International Child Abduction Remedies Act, the father illegally kidnapped the child from Mexico and from the mother in July 2021. The father has not shown that the child would be at "grave risk" if returned to Mexico.
Court: USDC Northern District of Illinois, Judge: Rowland, Filed On: August 23, 2023, Case #: 1:22cv3806, NOS: Other Statutory Actions - Other Suits, Categories: family Law, international Law, Guardianship