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Civil Procedure International Trade Family Law

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

by Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Hague Convention Only Considers One Habitual Residence of a Child

When a child is removed from or retained in a country that is not a child's habitual ­residence a parent can seek to have the child ­returned to their habitual residence country under the Hague Convention on the Civil Aspects...more

Who Has Child Custody Jurisdiction

by Jaburg Wilk on

The decision in Margain vs. Ruiz-Bours [1] provides some insight into the workings of the Uniform Child Custody Jurisdiction and Enforcement Act ("UCCJEA") as adopted by Arizona in Title 25, Chapter 8, Articles 1 through 3. ...more

Worldwide Bound: the Hague Service Convention in International Family Law Cases

by McManis Faulkner on

As a family lawyer in Silicon Valley, I often work with clients with international issues: enforcing judgments in Europe, dividing property abroad or obtaining custody orders when the parents live on different continents. A...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction (Updated)

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

Unreported Foreign Gifts and Divorce

by Sanford Millar on

In a recently released Chief Counsel Advisory (CCA) the IRS addressed the statute of limitations on assessment of penalties for failure to report gifts from foreign persons. The CCA states...more

Divorce: Finding Offshore Assets

by Sanford Millar on

One of the more important issues in a divorce proceeding is identifying and dividing community and separate property. The task of asset identification and location may have been made both easier and more complex at the same...more

Passage Of Controversial Law Could Tarnish Florida’s Reputation As International Dispute Resolution Center

by Bilzin Sumberg on

You may not have heard of the think tank called the American Public Policy Alliance (APPA), or its “American Laws for American Courts” initiative, which “was crafted to protect American citizens’ constitutional rights against...more

Seventh Circuit Addresses International Custody Dispute Under International Convention

Norinder v. Fuentes, No. 10-2753 (7th Cir. 2011), is the rare case in federal court, and even rarer in the federal appellate system, to address custody issues. The Hague Convention on the Civil Aspects of International Child...more

Changes in Czech parental and other family contributions or benefits for Czech citizens abroad.

by Radka Koch Hartmanova on

The Czech employment agencies were long ago warned by the European Commission and other Member States that they interpreted the term "residence" to broad. This would lead to abuse of the whole social system. (Czech nationals...more

Child Removed From Country Without Parent's Consent May Be Ordered Returned

by Daniel Clement on

The United States Supreme Court ruled that an order prohibiting the removal of a child from a country without the non-custodial parent's consent is enforceable under an international child abduction treaty. In Abbott v....more

Foreign Court Order Ruled Unenforceable: Court Nullifies Award of Attorneys Fees

by Hinshaw & Culbertson LLP on

In the litigation captioned In Re the Marriage of Natalija and Nikolai Solomon Lyustiger, 2009 DJDAR 14245 (2009) the Third District Court of Appeal decided an action based on the Uniform Foreign Money-Judgments Recognition...more

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