A Child is Missing: The International Child Abduction Blog

In our International Child Abduction Blog we report Hague Convention Child Abduction Cases decided by the US Supreme Court, the Second Circuit Court of Appeals, Circuit Courts of Appeals, district courts and New York State Courts. We also provide information to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information when there is a child abduction that crosses country boarders.

Sunday, June 19, 2016

Alcala v Hernandez, 2016 WL 3343251 (4th Cir.,2016)[Mexico] [Petition dismissed] [Now Settled]

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     In Alcala v Hernandez, 2016 WL 3343251 (4th Cir.,2016) in June 2013, Appellee Claudia Garcia Hernandez (Mother) removed her two minor ...
Friday, June 17, 2016

Berezowsky v Rendon Ojeda, 2016 WL 3254054 (5th Cir.2016)[Mexico] [Re-return order]

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  In Berezowsky v Rendon Ojeda, 2016 WL 3254054 (5th Cir.2016) Michelle Gomez Berezowsky filed a Hague Convention petition arguing that Re...

Cefaliello v Serpico, 2016 WL 3256972 (N.D. Ohio, 2016)[Italy] [Federal & State Judicial Remedies] [Motion to dismiss denied]

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In Cefaliello v Serpico, 2016 WL 3256972 (N.D. Ohio, 2016) the district court denied the Rule 12(b)(6) motion to dismiss. The parties h...
Monday, June 13, 2016

In re R.C.G.J., 2016 WL 3198285 (N.D. Florida, 2016) [Honduras] [Habitual Residence][Petition granted]

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In re R.C.G.J., 2016 WL 3198285 (N.D. Florida, 2016) the Court found that the 5 year old child was born to parents who were living together...
Tuesday, June 7, 2016

Albani v Albani, 2016 WL 3074407 (S.D. Cal, 2016) [Singapore] [Fees and Expenses]

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In Albani v Albani, 2016 WL 3074407 (S.D. Cal, 2016) after a 12 day bench trial, the Court granted the Petition for the return of the ...
Monday, May 23, 2016

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

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          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]

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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]

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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]

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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]

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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]

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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]

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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]

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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]

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 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]

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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]

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 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]

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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]

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 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]

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 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]

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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]

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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)

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 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]

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 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]

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 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]

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 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]

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 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]

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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]

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 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]

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          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]

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          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.]

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          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...
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Joel R. Brandes
New York, New York, United States
This blog is written by Joel R. Brandes of The Law Firm of Joel R. Brandes, 43 West 43rd Street, Suite 34, New York, NY 10036-7424, 212-859-5079. Mr. Brandes has been recognized by the Appellate Division as a “noted authority and expert on New York family law and divorce.“ He is the author of the treatise Law and The Family New York, 2024-2025 Edition (12 volumes) and Law and the Family New York Forms 2024 Edition (5 volumes) (both Thomson Reuters). His book, the New York Matrimonial Trial Handbook, 2d Edition (Bookbaby, 2025) is available in Bookstores and online in the print edition at the Bookbaby Bookstore, Amazon, andd Barnes and Noble. It is also available in Kindle ebook editions and epub ebook editions in his website (www.nysdivorce.com) bookstore. He writes the annual updates to Law and the Family New York, and Law and the Family New York Forms, with his daughter Bari Brandes Corbin, Esq., and his son Evan Barett Brandes, Esq. Joel R. Brandes concentrates his practice on appeals in divorce, equitable distribution, custody, and family law cases, as well as in post-judgment enforcement and modification proceedings.
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