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...

A recent New Jersey family court opinion, Nahar v. Salgia , mirrors the debate that occurs between international parents in custody litigation in the United States all the time.  The father accused the mother of being a risk of abducting their two children to India, and he sought a writ of ne exeat , which would prohibit her from traveling internationally with the 2 children (both age 11 at the time of the most recent iteration of their custody case).  Their history is long and storied, including litigation in NJ and India, and an alleged abduction of the children some six years ago, where father claimed the mother kept the children in India unilaterally, and mom claimed the children were sick, with at least one being hospitalized.  Shortly thereafter, the mother moved to India and left the children in the father's custody in NJ, before she returned and obtained U.S. citizenship.  There were a variety of custody orders.  It came to a head yet again in this litig...

From Guest Blogger, Subham Jain in Delhi, India Implications of Lockdown on Family Law Cases in Indian Jurisdiction: Present & Future While many are enjoying the time being spent with the families, there are many who are facing difficulty in keeping intact their marital cord. There is a tremendous spike in the calls to family law lawyers where their clients are waiting for the courts to open to file divorce. Being forced to live together at these times, even small disagreements are turning out to be a major issue and further worsening existing disputes.  Rise in Domestic Violence and measures taken Since the initiation of lockdown, instances of domestic violence have increased. Couples are finding it difficult to cope with the increasing mental health issues. All this is happening when the sale of liquor is prohibited during lockdown, which is considered as intimate partner of domestic violence. Women are finding it difficult to report cases considering the proh...