Monday, May 23, 2016

Hopkins v Webb, 2016 WL 2770553 (W.D. Wisconsin) [Northern Ireland] [Federal & State Judicial Remedies] [TRO] [Death of Respondent]

›
          In Hopkins v Webb, 2016 WL 2770553  (W.D. Wisconsin) Petitioner seeking  the return of C.H., the minor child of Mr. Hopkins an...

Tann v Bennett, --- Fed. Appx. ----, 2016 WL 2753994 (2d Cir .,2016)[United Kingdom][Petition denied] [Age & Maturity]

›
In Tann v Bennett, --- Fed. Appx. ----, 2016 WL 2753994 (2d Cir .,2016) the Second Circuit, in a summary order, affirmed a judgment which...

Souratgar v Fair, 2016 WL 1168733 (2d Cir., 2016) [Costs & Expenses] [Clearly inappropriate]

›
In Souratgar v Fair, 2016 WL 1168733 (2d Cir., 2016) the Second Circuit reversed a judgment ordering Respondent Lee Jen Fair to pay to the p...

Sanguineti v Boqvist, 2016 WL 1466552 (SDNY, 2016) [Canada] [Costs & Expenses]

›
In Sanguineti v Boqvist , 2016 WL 1466552 (SDNY, 2016) after the Petition of  Katherine Sanguineti  seeking the return of her son, BAB,...

Hernandez v Pena, --- F.3d ---, 2016 WL 1719955 (5th Cir.,2016) [Mexico] [now settled] [Petition granted]

›
In Hernandez v Pena, --- F.3d ---, 2016 WL 1719955 (5th Cir.,2016) six-year-old D.A.P.G. was abducted from his home in Honduras and brought...

Rodriguez v Yanez, 2016 WL 1212412 (5th Cir., 2016)[Mexico] [Exercise of Rights of Custody] [age and maturity defense] [Further development of the record required to determine whether child objected to return to Mexico]

›
In Rodriguez v Yanez, 2016 WL 1212412 (5th Cir., 2016) Appellant Pedro Antonio Flores Rodriguez (“Flores”) and Appellee Yolanda Ivonne S...

Gomez v Fuenmayor 2016 WL 454037(11th Cir, 2016)[Venezuela] [Petition denied][Grave Risk of Harm established where violence directed at mother]

›
In Gomez v Fuenmayor 2016 WL 454037(11th Cir, 2016) the Eleventh Circuit held that sufficiently serious threats and violence directed aga...

Stovall v Gallegos, 2016 WL 1644897(D.Oregon, 2016) [Mexico] [Fees and Costs]

›
Action dismissed after child returned to Mexico. Award of $12,010 in attorneys fees not clearly inappropriate where respondent was...

Sabogal v Paula Velarde 2016 WL 9906163 (WD Md., 2016) [Peru] [Petition Conditionally Granted]

›
 Petition for return was granted conditionally if  the following pre-conditions had been satisfied: 1. The October 2014 appeals court order...

Ochoa v Suarez 2016 WL 9647646 (WD Mich, 2016) [Mexico] [Guardian ad litem]

›
Report and recommendation of US Magistrate Judge that certain facts and law be considered established and that the court order the  guardia...

Neuman v Neuman, 2016 WL 2864969 (ED Michigan) [Mexico] [Petition granted] [Habitual Residence]

›
 Almost four years in Mexico was sufficient to render Mexico the children's country of habitual residence. Indicators suggestive of acc...

Minette v Minette 2016 WL 491832 (SD Ohio, 2016) [Italy] [Fed & State Jud Rem] [Abstention]

›
Motion for abstention and stay pursuant Younger v. Harris, 401 U.S. 37 (1971). Motion granted .                                            ...

Mendoza v Esquivel 2016 WL 1436289 (SD Ohio, 2016) [Mexico] [Petition for Return Granted]

›
 Respondent failed to establish grave risk of harm defense. Respondent presented no evidence that the Children are aware of any incidents o...

Mertens v Kleinsorge-Mertens 2016 WL 9943589 (D.NM, 2016 ) [Germany] [Petition for Return granted]

›
 Court held it was appropriated to examine Child in camera with law clerks and court reporter present.                    

Mendoza v Pascual 2016 WL 320951 (S.D. Georgia, 2016) [Mexico][Petition denied]

›
Court appointed a guardian ad litem for minor child who submitted a report to the Court and testified briefly. There was insufficient evide...

Application of Martinez v Fuentes, 2016 WL 1734107 (WD Oklahoma) [Mexico] [Equitable jurisdiction]

›
The district court found that the Petitioner established his prima facie case, and that there  was an insufficient factual basis to conclud...

Lamire v Audette 2016 WL 452317 (MD Fla, 2016 ) [Canada] (Costs)

›
 Recommended attorneys fee award of $3,839.88 was reduced by $670.00, for a fee award of $3,169.88 and a total award of fees, costs, and ex...

In Re K.J 2016 WL 874360 (SD Fla, 2016) [Sweden] [Petition granted] [now settled defense not established]

›
 Although more than one year passed between the date of wrongful removal and the date of filing the Court found that K.J.  was not now sett...

Guevara v Soto, 2016 WL 1558384 (E.D. Tenn, 2016) [Mexico] [Petition granted]

›
 Defendant did not prove that plaintiff consented to or subsequently acquiesced in the child's removal or retention. Although the child...

Godoy v De Batres 2016 WL 397471 (D.Colo, 2016 ) [El Salvador] [Fees & Expenses]

›
 Petitioner awarded costs as necessary expenses for filing and service fees ($564.50); translation costs ($523.30); and interpreter services...

De La Riva v Soto, 2016 WL 1696539 (M.D. Florida, 2016) [Mexico][Petition granted] [Patria Potesas] [Equitable Discretion under Article 18]

›
 Wrongful retention of child in Florida at end of agreed upon visitation. Petitioner had rights of custody under the doctrine of Patria Pot...

Cillikova v Cillik 2016 WL 541134 (D.NJ, 2016) [Slovak Republic] [Fees & Expenses]

›
Petitioners motion granted  $3148.96 in travel, lodging, and translation expenses. Petitioners motion seeking to recover $158,955.75 in att...

Albani v Albani 2016 WL 158583 (SD Cal, 2016) [Mexico] [Petition denied]

›
 Child’s Habitual residence was United States. Well settled defense also established

Gwiazdowski v. Gwiazdowska, 2015 WL 1514436 (E.D.N.Y.) [Poland] [Petition denied] [Now Settled Defense Established]

›
          In Gwiazdowski v. Gwiazdowska, 2015 WL 1514436 (E.D.N.Y.) on February 11, 2014, Cezary Gwiazdowski ("Cezary") broug...

Panteleris v. Panteleris, --- Fed.Appx. ----, 2015 WL 468197(6th Cir., 2015)[Australia] [Petition granted] [Habitual Residence]

›
          In Panteleris v. Panteleris, --- Fed.Appx. ----, 2015 WL 468197(6th Cir., 2015), the Sixth Circuit affirmed the district court...

Rein v Rein, 1996 WL 273993 (S.D.N.Y., 1996)[PETITION DISMISSED] PETITIONER CANNOT INVOKE HAGUE CONVENTION UNLESS CHILD IS “HABITUALLY RESIDENT” IN A STATE SIGNATORY AND HAS BEEN REMOVED TO OR RETAINED IN A DIFFERENT SIGNATORY STATE.]

›
          In Rein v Rein, 1996 WL 273993 (S.D.N.Y., 1996) Plaintiff Stewart Rein, brought an action on his own behalf and purported to d...

Litowchak v Litowchak, 2015 WL 7428573 (D. Vermont, 2015) [Australia] [Federal & State Judicial Remedies] [Motion to Amend Petition to add Respondents Father as Respondent granted]

›
           In Litowchak v Litowchak, 2015 WL 7428573 (D. Vermont, 2015) the Court granted the Petitioners motion to amend the petition t...

Didon v Castillo, 2015 WL 5095231 (MD Pennsylvania, 2015) [St. Martin/French West Indies] [Petition granted] [Rights of Custody]

›
J.D. and A.D. were habitual residents of both Sint Maarten and Saint Martin. The court concluded that Didon did not have custodial rights...

Green v Green 2015 WL 7572603 (D. Nevada, 2015). [Canada] [Petition denied] [Habitual Residence]

›
Recommendation that Petition for Return of Children be denied. While parents intended to abandon US and establish habitual residence in...

Alcala v Hernandez 2015 WL 4429425 (SD South Carolina, 2015) [Mexico] [Petition denied; now-settled defense established]

›

Delgado v Osuna, 2015 WL 5651352 (ED Texas, 2015) [Venezuela] [Petition denied].

›
Petitioner failed to satisfy his burden to show that there was wrongful removal and/or retention, and the Respondent proved by a prepondera...

Sabogal v. Velarde, 2015 WL 2452702 [D. Maryland][Peru] [Federal & State Judicial Remedies] [Petition conditionally granted]

›
Petition for return conditionally granted in this case where there was domestic abuse. Court finds grave risk of harm that return of c...

Sabogal v. Velarde, 2015 WL 9906163 [D. Maryland] [Peru] [Federal & State Judicial Remedies] [Motion to find that Petitioner complied with undertakings order denied]

›
Motion to find that Petitioner complied with undertakings order denied

Madrigal v Tellez, 2015 WL5174046, (WD Texas, 2015) [Necessary Expenses and Costs] [Denied] ] [Clearly inappropriate]

›
Attorneys fees denied. Court declined to shift fees and costs to the mother because of (1) father’s conduct in, inter alia, filing for d...

Rehder v Rehder, 2015 WL 4624030 [WD Washington] [Necessary Expenses and Costs] [Denied] [Clearly inappropriate]

›
Attorney fees denied as clearly inappropriate where court found that the mother had “had a mistaken, but nevertheless good faith belie...

Carlos Javier Escobar Villatoro v Figueredo, 2015 WL 6150769 (MD Florida) [Guatemala] [Necessary Expenses and Costs] [Granted]

›
Attorneys fees and costs.  Referee recommended that necessary costs be granted in part 

Pliego v Hayes, 2015 WL [WD Kentucky] [Turkey] [Necessary Expenses and Costs] [Granted]

›
Fees and Expenses of $100,471.00 awarded to petitioner.                    

Sewald v Reisinger, 2015 WL 6964290 (MD Florida, 2015) [ Germany] [Necessary Expenses and Costs] [Granted]

›
Fees and Costs granted in part and denied in part. Petitioner awarded $6104 in Attorneys fees and $1,116.50 in necessary costs.   

Smedley v Smedley, 2015 WL 5139286 [ED North Carolina] [Germany] [Necessary Expenses and Costs] [Granted]

›
Attorneys Fees and Costs of $7417.00 awarded

Warren v Ryan 2015 WL 4365489 (D.Colorado) [Australia] [Necessary Expenses and Costs] [Granted]

›
 Petitioner’s motion for attorney fees and costs granted in the amount of $64,984.90.

Guevera v Sota 2015 WL 9484502 (ED Tenn, 2015) [Mexico] [Federal & State Judicial Remedies] [TRO granted]

›
Temporary restraining order granted prohibiting child from being removed from Courts jurisdiction.

Shafqat v Malik, 2015 WL 6739797 (D. NJ, 2015) [United kingdom] [Federal & State Judicial Remedies] [Motion for pro bono counsel]

›
Motion for Pro Bono Counsel filed by pro se Respondents Shafqat Mahmood Malik, Saiqa Yusuf and Qaiser Mahmood Malik (the “Respondents”) ...

Sanchez v Sanchez, 2015 WL 3448009 (WD Texas, 2015) [Mexico] [Federal & State Judicial Remedies] [Petition moot]

›
Petition denied as moot; motion to dismiss granted.                   

Morais-Pierson v Pierson, 2015 WL 2365398 [ND Ohio, 2015] [Brazil] [Federal & State Judicial Remedies] [Motion for default judgment]

›
Motion for default judgment, upon defendants failure to appear or plead,  denied without prejudice.

Karl v Cifuentes, 2015 WL 4940613 (ED Penn, 2015) [Argentina] [Federal & State Judicial Remedies] [Abstention]

›
Action dismissed because abstention under Younger v Harris, 401 US 37, 44 (1971) is appropriate in light of ongoing state court custody pr...

Garcia v Pinelo , 2015 WL 4910654 (ND Illinois, 2015) [Mexico] [Federal & State Judicial Remedies] [Summary judgment ]

›
Summary judgment granted in part and denied in part.
Monday, December 28, 2015

Tann v Bennett, 807 F.3d 51 (2d Cir 2015)[United Kingdom] [Federal and State Judicial Remedies] [Appeal]

›
In Tann v Bennett, 807 F.3d 51 (2d Cir 2015) Petitioner Lisa Tann appealed from the denial of her petition filed under the International...