MK Family Law

In the recent case of In re MVU , the Appellate Court of Illinois affirmed an order refusing return of a minor child to its habitual residence of Mexico because that would present a grave risk of harm to the child based on the father's domestic violence of the mother.   The court in opining on the grave risk acknowledged that most jurisprudence on the Hague Abduction Convention arises from federal courts.  This particular case was brought in a state court where there was a parentage case pending over the same child (which was stayed when this Hague Abduction return petition was filed).  At trial, the taking-parent mother, presented evidence about several situations she argued formed the basis of a grave risk of harm to returning the child.  The situations included: an altercation where she says the father choked her while she was holding the child; another where the father threatened her that if she took the child, he would kill her; and another where the father...

The Alobaid v. Khan (  No. 3D19-2128, 3rd District Court of Appeal State of Florida)  case addressed the father’s (Mr. Alobaid) argument that Florida lacked personal jurisdiction and subject matter jurisdiction to issue a domestic violence injunction that included a temporary custody arrangement.  On May 27, 2020, the court affirmed and upheld the trial court’s issuance of the temporary domestic violence injunction that also gave the father only supervised access to the parties’ minor child in Florida. This international couple had a long-distance marriage after they met in college in Florida and wed in 2011, with Mr. Alobaid living in his home of Kuwait and Ms. Khan residing in her home of Florida.  Their child was born in Florida in January 2018.  In November 2018, Ms. Khan filed a petition for domestic violence injunction against Mr. Alobaid.  In her petition, she alleged four specific incidents of physical violence by Mr. Alobaid towards her, with...