MK Family Law

The June 23, 2020 opinion in  Cordoba v. Mullins raises an interesting abstention issue between a State Court divorce and protection order case and a Federal Hague Abduction return petition.   Ms. Mullins (Mother) allegedly absconded with the parties’ two minor children to Illinois on January 4, 2020.  After learning of the children’s departure, Mr. Cordoba (Father) filed an "international parental child abduction case" in Ecuador and enrolled the children in the Passport Issuance Alert Program .  On January 9, 2020, Ms. Mullins filed a dissolution petition and a civil protection order matter in Cook County Circuit Court in Illinois (which were consolidated into one State Action).   On March 18, 2020, Mr. Cordoba filed a motion to dismiss the State Action arguing a lack of jurisdiction.  That motion remains open and unresolved.  The Motion itself, according to the federal court, first raised the issue of the Hague Abduction Convention (despite not bei...

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...

From Guest Blogger, James Netto of Dawson Cornwell  in London Abduction in times of corona Much to the ire of certain abducting parents, it is still business (almost) as usual for the High Court of Justice in London. Although the UK is on lockdown preventing people from leaving home bar in very specific circumstances, our courts have been obliged to adapt exceptionally rapidly. Family lawyers are in totally new territory: for a steadfastly cautious profession known more for its wigs and gowns rather for than for its working of Google Hangouts, the last month has been a very, very steep learning curve. With detailed and radical guidance emanating from our highest judges and professional organisations effectively overnight, the profession is gradually getting used to hearings occurring remotely – either by telephone, or by webcam. So how is it going so far? Although it has not been without some bumps in the road, the higher courts are functioning with relative ease. Judge...