By Rob Hagy, Law Offices of Rob Hagy, P.C., 154 Hansen Road, Suite 202B, Charlottesville, Virginia. Call (434)293-4562 for more information or email for more information at email@example.com. I look forward to helping you!
The information provided on this web blog is public information and is not individualized legal advice. Do not take any legal action on any information contained in this blog!!! Always consulting with an attorney in your state about your legal issues. The presentation of information on this blog does not establish any form of attorney-client relationship with my firm or with me. While I have attempted to maintain the information on this blog as accurately as possible, this information may contain errors or omissions, for which I disclaim any liability. Case law from other jurisdictions discussed here are discussed for comparative purposes only. The author is licensed to practice only in the Commonwealth of Virginia and not in any other state.
Despite the foregoing, this material could be considered to be ADVERTISING MATERIAL. The responsible party for this blog is Robert R. Hagy, II Esq., an attorney licensed to practice law in Virginia, of the Law Offices of Rob Hagy, P.C., whose address is 154 Hansen Rd., Suite 202-B, Charlottesville, Virginia 22911.
In the case of Ozaltin v. Ozaltin, the United States Court of Appeals, Second Circuit, held that a father's petition pursuant to the Hague Conviction on Civil Aspects of International Child Abduction and International Child Abduction Remedies Act (ICARA) should be granted and the children returned to Turkey. Father resided in Turkey. The children had been wrongfully removed from Turkey. The ICARA granted to the father a federal right of action to secure the effective exercise of rights of access protected under the Hague Convention. Father was also entitled to an award of all his expenses.
-Rob Hagy. For help with issues like those in this case or other custody and visitation matters, please contact me at 434.293.4562 or email me at firstname.lastname@example.org.
In the case of Prizzia v. Prizzia, the Virginia Court of Appeals, in a published opinion, ruled that the trial court made a number of errors. First, the trial court failed to follow the requirements of the Uniform Child Custody Jurisdiction and Enforcement Act. Instead of finding that a court in Hungary had jurisdiction to decide the parties' custody and visitation dispute, the trial court should have exercised jurisdiction. It was the home state of the child and, thus, had jurisdiction to make this decision, the initial custody determination.
And, even if the trial court was going to defer jurisdiction on the grounds that Virginia was an inconvenient forum, it failed to follow the requirements of the inconvenient forum statute. In order for a trial court to decline to exercise jurisdiction, it must specifically determine two things: (1) "that it is an inconvenient forum under the circumstances," and (2) "that a court of another state is a more appropriate forum." Furthermore, in "consider[ing] whether it is appropriate for a court of another state to exercise jurisdiction," the trial court must both "allow the parties to present evidence" and "consider all relevant factors, including those listed in the statute.
Here, the trial court failed to do what the statute requires. The trial court made no specific determination that Virginia was an inconvenient forum under the circumstances or that the Hungarian court was a more appropriate forum. Moreover, the trial court did not allow the parties to present all relevant evidence, as husband requested, on the issue of whether it was more appropriate for the Hungarian court to exercise jurisdiction.
The trial court could have also declined to exercise jurisdiction on the grounds that the father, who was seeking to invoke Virginia's jurisdiction, was attempting to do so as a result of unjustifiable conduct. Here, there is no evidence that Virginia had home state jurisdiction because husband had engaged in unjustifiable conduct. The trial court did not make this finding, nor did it base its decision to decline to exercise jurisdiction on the unjustifiable conduct statute.
Lastly, the trial court inexplicably held that the wife’s equitable distribution award be held in escrow until she complied with the Hungarian court’s visitation order. The equitable distribution statute simply does not confer the authority to impose this condition upon an equitable distribution award.
An American man has won custody of his eight-year-old son, who has lived with a stepfather in Brazil for five years and for approximately a year since his biological mother's death in 2008. For more on this case, click here.
In the case of Robert v. Tesson, the United States Court of Appeals for the Sixth Circuit, held that, in applying the Hague Convention on the Civil Aspects of International Child Abuduction, the children's "habitual residence" was the United States instead of France when the mother removed them, as six-year-olds, from France for the last time. The children stayed for 15 months in France, but had lived in the United States with their mother before going to France. They had little contact with their father who lived in France.
Virginia Code Section 20-108.2 This provision of Virginia law sets forth the child support guidelines-a table of reference for determining the base monthly child support obligation.
Virginia Code Section 20-124.3 This statute sets forth the factors that a court will consider in divorce proceedings, temporary proceedings, or modification proceedings to determine what custody and visitation arrangement would be best for the child or children involved.