Entries tagged with “Supreme Court”

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

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. Abbott, the father and the mother divorced in Chile. The Chilean court granted the mother custody of their son while allowing the father only visitation rights. At the mother’s request, the Chilean court issued a ne exeat order prohibiting either parent from removing the child from Chile without the agreement of both parents.   Unable to find work in Chile, and without the father’s consent, the mother  left Chile with... More

Overlapping Jurisdiction of the Family Court, Supreme Court and Criminal Court

Lindsay Loans’ parents divorce highlights one of the problems with the family law system in New York. As highlighted in Newsday, while the parties’ divorce is heard in the Supreme Court, other issues are being heard in the Family Court. The fact that two courts have jurisdiction to hear and decide some of the issues could lead not only to inconsistent rulings, but also to added confusion, delays and strategic "shopping" for judges, not to mention, increase litigation costs.   Newsday provided gave this short synopsis of the Lohan divorce and custody case: In December of 2005, Michael and Dina... More
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