8 results for 'cat:"Family Law" AND cat:"Immigration"'.
J. Lewis finds the lower court erroneously denied the grandmother's petition to adopt the children for lack of jurisdiction. The Hague Convention does not apply to the children, who are both lawful permanent residents of the U.S.; therefore, the case must be remanded to allow for proper consideration of the petition. Reversed.
Court: Ohio Court Of Appeals, Judge: Lewis, Filed On: February 23, 2024, Case #: 2024-Ohio-682, Categories: family Law, immigration
J. Miller finds that the trial court properly ruled that it was in the child's best interest to return to his home country of Guatemala in an order adjudicating the child dependent. The trial court did not abuse its discretion in finding that reunification with the child's mother was viable. There is no evidence that the child or his family were personally targeted or harmed by the gangs and crime in Guatemala or that his mother failed to protect him from harm. Affirmed.
Court: Georgia Court of Appeals, Judge: Miller, Filed On: February 20, 2024, Case #: A23A1764, Categories: family Law, immigration
J. Crone finds that the trial court improperly ruled in a paternity action because the mother failed to present evidence indicating the child should have been granted special immigrant juvenile status or that the father had abandoned the child. Thus, the matter should return to the trial court to grant motions supporting the findings. Reversed.
Court: Indiana Court Of Appeals, Judge: Crone, Filed On: December 13, 2023, Case #: 23A-JP-1436, Categories: family Law, immigration
J. Brown finds that the juvenile court properly found the immigrant child to be dependent and awarded temporary custody of the child to the uncle. However, the juvenile court failed to make findings related to the child's special immigrant juvenile status. The case is remanded to allow the juvenile court to make specific written findings as to five immigration factors. Affirmed in part.
Court: Georgia Court of Appeals, Judge: Brown, Filed On: December 12, 2023, Case #: A23A1775, Categories: family Law, immigration
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J. Moylan finds a lower court properly imposed committal for contempt orders on a Somalian native. The Somalian native argued that he is entitled to take his children away from his wife, who planned to take them to England to avoid abuse. However, he has the opportunity to engage with the court to purge a contempt order and to explain how the children can be brought back to the U.K. peacefully. Affirmed.
Court: Her Majesty's Court of Appeal, Judge: Moylan, Filed On: October 20, 2023, Case #: CA-2023-1221, Categories: Contempt, family Law, immigration
Per curiam, the Nebraska Supreme Court finds the district court properly granted the mother some Special Immigrant Juvenile status findings for her child in this marriage dissolution. The couple are Mexican citizens who were married in Mexico and the child was born in Mexico before the family moved to the U.S. for the child’s specialized medical treatment. Certain findings were made as to allegations of abuse by the father and the marriage was dissolved, with custody of the child going to the mother. There was no abuse of discretion in the court’s concluding that there was insufficient evidence to make all requested status determinations. The Nebraska Supreme Court declines to reweigh credibility. An “unsworn, unnotarized declaration” by the mother was properly excluded at the father’s objection to its not being written in Spanish and the court interpreter’s declining to “sight translate” it due to its length and complexity. The mother cannot show prejudice by the exclusion. Affirmed.
Court: Nebraska Supreme Court, Judge: Per curiam, Filed On: August 18, 2023, Case #: S-22-549, Categories: family Law, immigration, Guardianship
J. Barrett finds the trial court improperly dismissed the wife’s divorce, paternity and child custody complaint for lack of subject matter jurisdiction. The parents are legal, seasonal migrant workers and Mexican citizens. The circuit court had entered an order for emergency custody on allegations that the husband had left the children alone in a hot car while he worked, intending to abscond with them. Arkansas is not the family’s legal home, though it is uncontroverted that the children have not lived in Mexico for six consecutive months for the past two years and were not living in Mexico when this case was initiated. The circuit court failed to determine if Mexico or any other state was a home state for the children. Reversed and remanded.
Court: Arkansas Court Of Appeals, Judge: Barrett, Filed On: May 24, 2023, Case #: CV-22-641, Categories: family Law, immigration, International Law