MK Family Law

The case of LO v. NO, No. CAAP-19-0000762 , gives me the opportunity to provide some reminders to everyone about child abduction prevention.   The actual underlying issue in this case was the Father’s appeal of the trial court’s post-decree order granting the Mother’s request for a U.S. passport for the parties’ minor child.  The appellate court ultimately affirmed the trial court’s order because the Father’s brief did not quote any of the family court’s findings of fact, nor did the Father append any findings of fact to the brief, which is required by the Hawai’i Rules of Appellate Procedure.  Because of this, the Father was bound by the findings of fact made by the trial court, and the family court did not abuse its discretion in ordering the Father to cooperate in securing a passport for the minor child, something he argued he did not want to do out of concern the Mother would take the child to Vietnam. Here are some useful points to remember, spurred by the opinion:...

In the custody trial of OG v. AB , a Mother expressed her desire to take the parties’ children to visit her family in her native Russia but indicated that the Father was unwilling to give her the children’s expired Russian passports so that she could renew them for the travel.  The Father testified that the mother had previously threatened to “never let him see the Children again” and he was concerned she would not return to the United States once in Russia. The children are dual nationals of Russia and the United States. At the conclusion of the trial, the parties were granted shared legal and physical custody and the court issued a writ of  ne exeat , prohibiting either parent from traveling with the Children outside of the continental United States without the written consent of the other parent.  The court declined to authorize the renewal of the children’s Russian passports because Russia and the United States are not treaty partners under the Hague Child Abduction C...

When parents share joint legal custody of their child, both parents must sign the minor child’s U.S. passport application.  In the case of Clarke v. Lopez , the minor child’s father, Mr. Lopez, signed the child’s passport application but did it without the proper notarial stamp.  When asked by the child’s mother, Ms. Clarke, to rectify this error, he refused.  The U.S. Passport Office told Ms. Clarke that she should request an order from the appropriate court that gives her the sole authority to apply for the minor child’s passport, so Ms. Clarke filed a request for this relief in the Superior Court in the U.S. Virgin Islands.  She did not, however, request any change in legal or physical custody.   The court dismissed her request, without a hearing.   Ms. Clarke appealed, and, on June 17, 2020, the Supreme Court of the Virgin Islands, reversed and remanded.  Not only did the court clarify that it should not have summarily dismissed Ms. Clarke’s reques...

Roee Kiviti and Adiel Kiviti are married fathers to two children born through surrogates in Canada.  Their first child, LRK, born in 2016, used Roee’s sperm and has a biological relationship with Roee.  KRK, their second child, born in 2019, used Adiel’s sperm and has a biological relationship with Adiel.  The Canadian courts issued orders establishing that Roee and Adiel were the legal parents of both children and not the surrogates. Shortly after LRK’s birth, upon re-entering the United States, the couple applied for and obtained a U.S. passport for their son.  Shortly after KRK’s birth, when taking the same steps, the U.S. Department of State concluded KRK was not a U.S. citizen under the Immigration and Naturalization Act (INA).  The DOS denied KRK a passport. Roee and Adiel sued the U.S. Department of State arguing, among other things, that the government’s denial of a child, born in wedlock to two U.S. naturalized citizen parents, was contrary to the INA. ...

A minor child born overseas to U.S. parents is eligible for U.S. citizenship if the requirements outlined in the Immigration and Nationality Act (INA) are met.   The parents must request a Consular Report of Birth Abroad (CRBA) as evidence of the citizenship before the child’s 18th birthday from the nearest U.S. embassy or consulate, and, if the child will be traveling, simultaneously request a U.S. passport and social security number.  The consular officer at the embassy or consulate is responsible for adjudicating a U.S. citizenship claim for applicants seeking a CRBA.  It will include an assessment of the validity of the citizenship claim, a review of the evidence of the child and parents’ identities, and evidence of citizenship.  (see 7 FAM 1441.3)  In the Sabra v. Pompeo case , (No. 19-cv-2090) Baby M is the subject of a request for a CRBA and a U.S. Passport.  Baby M was born in a home-birth to 46-year-old Mrs. Sabra, a U.S. citizen who was livin...

Mr. Joseph Raia sued the U.S. Secretary of State and the U.S. Department of State requesting an immediate issuance of a new passport for his 10 year old son who is presently located in Italy and is the subject of a Hague Abduction return proceeding in that country.  The minor child’s passport, which was used by the child’s mother to remove the child from the United States and take the child to Italy, was cancelled after the petitioner father submitted a passport application and marked the passport as “lost.”  ( Raia v. Pompeo and U.S. Department of State , 20-cv-1083 (JMA) (AYS) US District Court EDNY) The father argued that the minor child is in need of an immediate passport, so that “when” the Italian courts order the child returned under the Hague Abduction Convention, the father can promptly return the child to the United States.  The father expressed a sincere concern over his child’s immediate safety, with the child having a serious heart condition that could...