| International Child Abduction Law |
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Adam Hofmann v. Marina Abigail Sender
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Petitioner-Appellee initiated proceedings pursuant to Article 3 of the Hague Convention on Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11, 679, 1343 U.N.T.S. 89, reprinted in 51 Fed. Reg. 10, 494 (Mar. 26, 1986) (“Hague Convention” or “Convention”), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. (2000), whic... More... $0 (05-14-2013 - NY)
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Jeffrey Lee Chafin v. Lynne Hales Chafin
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The Hague Convention on the Civil Aspects of Inter- national Child Abduction generally requires courts in theUnited States to order children returned to their countries of habitual residence, if the courts find that the children have been wrongfully removed to or retained in the United States. The question is whether, after a child is returnedpursuant to such an order, any appeal of the order is m... More... $0 (02-20-2013 - GA)
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Nurettin Ozaltin v. Zeynep Tekiner Ozaltin
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Petitioner-appellee Nurettin Ozaltin (“the Father”) brought this suit under the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. § 11603(b),1 seeking the return of his two minor children to Turkey, as well as an order enforcing his rights under Turkish law to visit the children as long as they stayed in the United States with their mother, respondent-appellant Zeynep Tekine... More... $0 (02-11-2013 - NY)
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Iain Walker v. Norene Walker
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Iain Walker, a citizen of Australia, filed this suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq., in an effort to compel his wife, Norene, a citizen of the United States, to return the couple’s three children to Australia.
ICARA implements the Hague Convention on the Ci... More... $0 (11-16-2012 - IL)
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Claudia Felder v. Patrick Wetzel
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In this Hague Convention case concerning claims by the mother of wrongful retention in this country of her fourteen-year-old daughter who was in need of emergency psychiatric care, the district court both denied relief and dismissed the Swiss mother's case. Felder v. Ponder, Civ. Action No. 12-11192-DJC, 2012 WL 3128570 (D. Mass. July 30, 2012). The district court interpreted orders of the relevan... More... $0 (10-02-2012 - MA)
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Peter Paul Toland, Jr. v. Akiko Futagi
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This case involves the interpretation of the Uniform Child Custody Jurisdiction and Enforcement Act, Sections 9.5-101 to 9.5-318 of the Family Law Article, Maryland Code (1984, 2006 Repl. Vol.).1 Peter Paul Toland, Jr.,2 Appellant, challenges the Circuit Court for Montgomery County’s determination that a Japanese decree providing guardianship of his minor child to the child’s grandmother, Akik... More... $0 (05-22-2012 - MD)
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Nasiruddin Khan v. Tarfa Fatimas
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The International Child Abduction Remedies Act, 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980), entitles a person whose child has been removed from his custody (sole or joint) to the United States (usually by the other parent) to petition in federal or state court for t... More... $0 (05-14-2012 - IL)
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Liubov Stancuna v. Vernon Stancuna
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The defendant, Vernon Stancuna, appeals from certain postjudgment orders entered by the trial court in this dissolution action. Specifically, the defendant claims that the court abused its discretion by (1) permitting the plaintiff, Liubov Stancuna, to travel with the parties’ minor children outside of the United States without prior notice to the defendant and (2) requiring that the defendant p... More... $0 (05-08-2012 - CT)
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Nasiruddin Khan v. Tarfa Fatima
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The International Child Abduction Remedies Act, 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980), entitles a person whose child has been removed from his custody (sole or joint) to the United States (usually by the other parent) to petition in federal or state court for t... More... $0 (05-04-2012 - IL)
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Kenneth W. Morrissey v. Lorraine B. Morrisey
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A father filed a motion to modify a child custody and visitation agreement in
the Family Court. The trial judge denied the father’s motion, holding that contract
principles govern the agreement and bar the trial court from modifying
unambiguous contract language. On appeal, the father claims that the trial judge
erroneously applied contract principles to a custody and visitation ... More... $0 (04-18-2012 - DE)
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Max Joseph Leser v. Alena Berridge
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The Hague Conference on Private International Law is “a global intergovernmental” organization that “develops and services multilateral legal instruments.” HCCH Overview, http://www.hcch.net/index_en.php?act=text.display &tid=26 (last visited Dec. 15, 2011). The organization consists of 71 States and the European Union. Id. In 1980, the Hague Conference developed the Hague Convention on th... More... $0 (12-28-2011 - CO)
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Maurizio R. v. L.C.
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In this action brought under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention), as implemented by the International Child Abduction Remedies Act, title 42 United States Code section 11601 et seq., a father appeals from a decision denying his petition for return of his young son, who was abducted by his estranged wife from Italy and brought to the United ... More... $0 (12-05-2011 - CA)
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Magnus Norinder v. Sharon Fuentes
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Although the federal courts normally have nothing to do with child custody issues, there is an exception for cases that arise under the International Child Abduction Remedies Act (the Act), 42 U.S.C. §§ 11601 et seq., which implements the Hague Convention on the Civil Aspects of International Child Abduction (the Convention), T.I.A.S. No. 11,670, 1343 U.N.T.S. 89 (Oct. 25, 1980). This is one of ... More... $0 (09-06-2011 - IL)
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Carlos Fernando Vasquez v. Stephanie Jo Colores
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Dr. Carlos Colores Vasquez filed a petition to return his twenty-two-month-old daughter, I.R.C., to Mexico pursuant to the Hague Convention on the Civil Aspects of Child Abduction (the Convention), implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. §11601 et seq. Stephanie Colores, Dr. Colores’s estranged wife and mother of I.R.C., opposed the petition. The distric... More... $0 (08-05-2011 - MN)
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Martin Stern v. Michelle Stern
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Alleging that his son DJ had been wrongfully retained in Iowa by Michelle Garland Stern, DJ's mother, Martin Stern petitioned in the district court2 under the International Child Abduction Remedies Act (ICARA) for DJ's transfer to Israel for custody adjudication there. The district court denied the petition after finding that the United States was DJ's habitual residence at the time of the alleged... More... $0 (05-06-2011 - IA)
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Savvas Charalamvous v. Elizabeth Rohnert Charalambous
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Savvas Charalambous filed a petition for the return of his two children, A.C. and N.C., to Cyprus pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11670, which was implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. The children were removed in June 2010 from Cyprus, their country of ha... More... $0 (12-08-2010 - ME)
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Marina Karpenko v. Paul Leendertz
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Paul Leendertz, father of the minor child at issue in this proceeding, appeals the District Court’s grant of a petition filed by the mother, Marina Karpenko, for the child’s return under the Hague Convention on the Civil Aspects of International Child Abduction. For the following reasons, we will affirm the grant of Karpenko’s petition and order the minor child’s immediate return to her mo... More... $0 (08-24-2010 - PA)
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Lucas Nicolson v. Erica Pappalardo
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This is an appeal from a proceeding in the district court under the Hague Convention on the Civil Aspects of International Child Abduction ("the Hague Convention"), which governs certain child custody disputes. Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 19 I.L.M. 1501. We begin with a description of the background events, drawn from ... More... $0 (04-30-2010 - ME)
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Karla Cecelia Escobar v. Cesar Flores
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This appeal arises out of a petition filed by plaintiff Karla Cecelia Escobar (mother) under the Hague Convention on the Civil Aspects of International Child Abduction1 (the Hague Convention or the Convention) for the return of her eight-year-old son, Cesar, to his habitual residence with her in Chile. The primary issue on appeal is whether the trial court erred in refusing to order defendant Cesa... More... $0 (04-07-2010 - cA)
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Leyda Cuellar v. Richard Cecil Joyce
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Petitioner seeks the return of her daughter to Panama under the Hague Convention on the Civil Aspects of International Child Abduction. The father opposes return; he claims that the mother is neglectful and very poor, that the child has grown used to living in America and that the child’s medical needs cannot be addressed in Panama.
Richard Joyce built a sailboat and sailed it to Panama... More... $0 (02-22-2010 - CA)
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Gareth Alexander Baran v. Susan Elizabeth Beaty
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Petitioner-Appellant Gareth Baran is an Australian citizen. On February 16,
2007, he filed a petition in the Southern District of Alabama seeking the return of
his minor son pursuant to the Hague Convention on the Civil Aspects of
International Child Abduction (the "Convention") and its implementing
legislation, the International Child Abduction Remedies Act of 1988 ("ICARA"),
42 U.S.C. § 116... More... $0 (05-13-2008 - AL)
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Marietta Pielage v. James Vincent McConnell, III
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While child custody battles are all too common, it is not often that one of
them finds its way into the federal courts. Those that do usually come by way of
an action brought under the International Child Abduction Remedies Act, 42
U.S.C. §§ 11601–11 (ICARA), which implements the Hague Convention on the
Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670,
1343 U... More... $0 (02-21-2008 - AL)
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John Navani v. Bina Shahani
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Bina Shahani appeals the district court's order granting John Navani's petition that their son be returned to England, the child's country of habitual residence, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and its implementing legislation, the International Child Abduction Remedies Act. The district court concluded that Shahani wrongfully retained the ... More... $0 (07-30-2007 - NM)
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S.L.V.M. Cyndie De Silva v. Paul E. Pitts; Sabrina Pitts
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Petitioner-appellant S.L.V.M. Cyndie de Silva appeals the judgment of the district court denying her Hague Convention petition for return of her son, Jonathan, to her custody in Canada and allowing him, instead, to remain with his father in Oklahoma pending a custody determination. After "review[ing] the district court's findings of fact for clear error and its conclusions regarding principles ... More... $0 (04-05-2007 - OK)
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Agnieszka Kijowska v. Troy L. Haines
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The International Child Abduction
Remedies Act, 42 U.S.C. §§ 11601 et seq., implementing
the Hague Convention on the Civil Aspects of International
Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S.
89 (Oct. 25, 1980), entitles a person whose child has been
wrongfully removed to the United States, usually by a
parent, to petition a federal court to order the child returned.
42 U.S.C. § ... More... $0 (09-16-2006 - IL)
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