In Monasky v. Taglieri, SCOTUS took the opportunity to define “habitual residence” and proclaimed a uniform legal standard for the first time. The decision alters the trajectory of U.S. Hague Convention jurisprudence on this issue. By Amy Keating and Chris Reynolds, Family Lawyers* On December 11, 2019, the United States Supreme Court (SCOTUS) heard oral argument in Monasky v. Taglieri,1…
Once upon a case, a woman from New York met a man from Cleveland and they fell in love. The man had a successful business in Cleveland and lots of family there. All of the woman’s family was in New York. The woman decided to move to Cleveland in order to marry the man and start a family. They had…
Halle Berry’s personal family saga continues to evolve (see our previous posts on Berry’s child custody case here and here, and a related one involving Kelly Rutherford.) Just a few days ago, on Thanksgiving Day, a fight broke out between Gabriel Aubry, the father of Berry’s daughter Nahla, and Olivier Martinez, Berry’s fiancée. Apparently, Aubry was arrested at Halle’s house…
According to media reports Halle Berry sought a court’s permission to move with her daughter Nahla to France against the wishes of the child’s father, actor/model Gabriel Aubry. Berry is apparently engaged to another actor, Olivier Martinez, who lives in France. The court denied Berry’s request to relocate. For anyone considering relocating with their children against the wishes of the…
Many have read, or watched broadcasts, about Kelly Rutherford’s (the star of Gossip Girl) child custody case. Her children were sent off to live with their father, Daniel Giersch, in France. Rutherford maintains that the judge’s ruling is both unjust and inexplicable. Television talking heads and other commentators have agreed. But when Rutherford speaks she may as well be playing…
Often the most contentious of family law matters are child custody cases. When one parent wants to relocate with a child the other parent may fear they could lose their child forever, and will fight long and hard to prevent the move. A relocation case is always difficult when one parent disagrees with the potential move. But perhaps the most…
1. Consider Pre-Divorce Planning: it may not feel “romantic” to discuss the possibility of divorce with your spouse. But if the two of you can appreciate the practicality of such a conversation now, it can save you money and heartache in the future should divorce become a reality. 2. Be Proactive: If you or your spouse is considering divorce, don’t…