MK Family Law

2020 was not for the faint of heart, with a global pandemic and a U.S. Supreme Court opinion on the Hague Abduction Convention authored by the late Justice Ginsburg.  Here are the TOP TEN most clicked blog posts from MK Family Law's Family Law Across Borders  BLOG.   No. 10     Case Update: International Service of Process using the Hague Service Convention - Winston v. Walsh No. 9     Case Update: Hague Abduction Convention's application between Hong Kong and the United States after July 2020 Executive Order - Wan v. DeBolt No. 8     Case Update: Issuing a U.S. passport to a minor child, abduction prevention issues - LO v. NO No. 7      HCCH Update: COVID-19 Toolkit for the 1980 Hague Child Abduction Convention No. 6    Case Update: Recognition of Foreign Divorce Decree, Notice of Foreign Order, Court Deadlines - Derbez v. Derbez No. 5     Case Update: Simultaneous divorce proceedings, comity - Vica...

In Wan v. DeBolt (2020 WL 6274992 ), the U.S. District Court for the Central District of Illinois allowed a Mother's Hague Abduction return petition to proceed.  The father sought to dismiss the petition, arguing that President Trump's July 2020 Executive Order to "suspend or eliminate different and preferential treatment for Hong Kong" ( Executive Order No. 13936, 85 Fed. Reg. 43413 ) eliminates the distinction between Hong Kong and China for purposes of the Hague Abduction Convention.  Hong Kong and the United States are treaty partners.  China is not a treaty party to the Hague Abduction Convention.   The Court concluded that the treaty is still in force between the United States and Hong Kong.  Specifically, the court received a form letter from the U.S. Department of State on October 15, 2020 acknowledging it is the Central Authority under the treaty, and detailing its available resources, clearly stating its role in this particular case with Hong Kong...