A common issue that arises in child custody cases relates to international travel. Issues such as international travel and obtaining a passport for a child generally fall under “legal custody.”...more
Narkis Golan, a US citizen married Isacco Saada, an Italian citizen while both were in Italy in August, 2015. While there they had a child 2016. Two years later, under the pretense of attending a wedding, Golan flew to the...more
Now and again, we hear about an international child custody dispute and how the Court’s are going to handle it. Recently, a Trial Court decision, J.R. v. A.R., FD-13-728-20, was published as it presented a case of first...more
On February 25, 2020, the U.S. Supreme Court decided Monasky v. Taglieri, holding that the determination of a child’s “habitual residence” for purposes of the Hague Convention depends on a totality-of-the-circumstances...more
A team of Proskauer attorneys, on behalf of 12 leading non-profit organizations specializing in advocacy for victims of domestic violence, drafted an amicus brief in support of a mother seeking to uphold a district court’s...more
On August 7 of 2017, the Third Circuit Court of Appeals decided a case under the Hague Convention on the Civil Aspects of International Child Abduction. Since we don’t see much child custody litigation in federal courts nor...more
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
Background on Child Abduction Cases Under the Hague Convention - The Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”) is an international treaty in which the signatory...more
Although summer has come to a close, lots of families continue to hit the roads (and even the seas and air) on vacation over long weekends, holidays and school vacations. Most divorced families agree upon a parenting plan...more
Ever wonder what happens when a child is wrongfully taken across international borders? - What happens if a child who lives in the United States is wrongfully removed by a parent, taken to France, and kept there? ...more
A parent who moves with a child from the child’s home country to another country, or retains the child in the other country, may face accusations that the move or retention is wrongful. The parent who stays behind may assert...more