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, August 7, 2016

Padilla v. Troxell, 2016 WL 4098588 (W.D. Virginia, 2016) [Mexico] [Consent Defense Established] [Petition Denied]

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In Padilla v. Troxell, 2016 WL 4098588 (W.D. Virginia, 2016) on May 23, 2016, Petitioner Xochitl Jazmin Velasco Padilla (“Petitioner”) fi...

Tokic v. Tokic, 2016 WL 4046801 (S.D. Texas, 2016) [France] [Petition granted] [Grave Risk of Harm and Article 20 Defenses Not Proven]

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In Tokic v. Tokic, 2016 WL 4046801 (S.D. Texas) the petitioner sought the return of his twelve year old and ten year old sons, asserting ...

Dias v. De Souza, 2016 WL 4083354 (D. Mass, 2016)[Brazil [Petition granted ] [Grave Risk of Harm Defense Not Established]

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In Dias v. De Souza, 2016 WL 4083354 (D. Mass, 2016) Marina De Aguiar Dias (“Petitioner”) the mother sought the return of her thirteen-ye...

Pennacchia v Hayes, 2016 WL 4059246 (D. Idaho,2016) [Italy] [Habitual residence] [Petition denied]

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In Pennacchia v Hayes, 2016 WL 4059246 (D. Idaho,2016) SAPH was born in Seattle, Washington on August 24, 2010. In October of 2010, after...
Tuesday, July 26, 2016

Toufighjou v Tritschler, 2016 WL 3883193 (M.D. Florida, 2016) [Canada] [Defense of Consent Not Established] [Petition granted]

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In Toufighjou v Tritschler, 2016 WL 3883193 (M.D. Florida, 2016) Toufighjou (father) and Tritschler (mother) were residents of Canada and...

Perla v Vasquez, 2016 WL 3878495 (D. Maryland, 2016) [El Salvador] [Venue]

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In Perla v Vasquez, 2016 WL 3878495 (D. Maryland, 2016) Petitioner Jose Omar Flores Perla (Father) filed a verified petition against Res...
Sunday, July 17, 2016

O.A. v D.B., Slip Copy, 2016 WL 3748779 (Table), 2016 N.Y. Slip Op. 51089(U) (Fam. Ct.,2016) [Norway] [New York Family Court][Petition Denied]

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In O.A. v D.B., Slip Copy, 2016 WL 3748779 (Table), 2016 N.Y. Slip Op. 51089(U) (Fam. Ct.,2016) Petitioner Father, O.A., a Norwegian citiz...

Neumann v Neumann, 2015 WL 3661907 (E.D. Michigan, 2016) [Mexico] [Federal & State Judicial Remedies] [Stay Pending Appeal Denied]

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In Neumann v Neumann, 2015 WL 3661907 (E.D. Michigan, 2016) on May 17, 2016, the district court granted the petition for return in part a...

Hernandez v Cardoso, 2016 WL 3742858 (N.D. Ill, 2016) [Mexico] [Grave Risk of Harm] [Petition denied]

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In Hernandez v Cardoso, 2016 WL 3742858 (N.D. Ill, 2016) Petitioner John Hernandez petitioned for the return of his son, AE, to Mexico. I...

Gonzalez v Pena, 2016 WL 3654283 (D. Az, 2016) [Mexico] [Grave Risk of Harm] [Petition Denied]

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In Gonzalez v Pena, 2016 WL 3654283 (D. Az, 2016) Gonzalez was a Mexican citizen residing in Mexico. Pena was a Mexican citizen residing i...
Saturday, July 16, 2016

Martinez v Cahue, 2016 WL 3457617 (7th Cir, 2016) [Mexico] [Habitual Residence] [Rights of Custody] [Petition denied]

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In Martinez v Cahue, 2016 WL 3457617 (7th Cir, 2016) the first seven years of A.M.'s life, he lived in Illinois with his mother, Jaded ...
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...
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About The Author

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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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