MK Family Law

In the case of Glory and Sunita Jayagaran , the Washington Court of Appeals refused to recognize an Indian divorce decree because the Husband did not properly serve his Wife, thereby denying her due process.  The couple lived approximately 18 years, having 3 children, in Washington State.  In March 2015, the couple returned to India for Husband's job.  Shortly thereafter, the Wife brought the children back to the United States, allegedly escaping a bad marriage.  The Husband initiated a divorce proceeding in India, and attempted service several times on the Wife's parents' house in India, with each attempt at service being rejected because she was not residing there ("return to sender" and her mother telling the person serving process that she had returned to the United States a year earlier).  Husband sought alternative service from the Indian court, and mailed the new "Form 11" to the Wife's friend's house and a Microsoft Campus Building (presu...

The International Child Abduction Remedies Act allows a parent who is seeking the return of his or her child under the 1980 Hague Abduction Convention to request provisional remedies (see Sec. 9004).  In the case of Babcock v. Babcock , Mrs. Babcock did just that (in August 2020).  She asked the court to issue a temporary restraining order, preventing Mr. Babcock from removing their 11-year-old from Iowa pending a hearing on the merits.  She had filed a Hague Abduction return petition with the federal court.  She asked that the court grant this temporary restraining order without notice to Mr. Babcock, which is permitted under FRCP 65(b)(1) only when: (1) specific facts in her affidavit/verified complaint show that immediate and irreparable injury would result before Mr. Babcock would be heard in opposition to the TRO request, and (2) Mrs. Babcock's attorney certified any efforts to give notice to Mr. Babcock and why it should not be required.  The TRO can be g...

Thamilselvan v. Thamilselvan reads like a law school exam question.  The spouses, both Indian citizens had lived in Michigan with their daughter since 2000.  They owned a house.  In December 2017, the Wife and daughter left the marital home.  In February 2018, the Wife sought a divorce in Michigan, alleging abuse.  The Husband then petitioned the Indian Family Court for "restoration of his conjugal rights" in an attempt to reconcile.  He also asked for an injunction to prevent the Wife from continuing with her divorce action in Michigan.  Despite her fighting the injunction, it was granted.  The Husband then sought to amend his Answer in the Michigan divorce suit claiming he erroneously admitted the spouses were residents of Michigan.  The court rejected the amendment.  He also sought to dismiss the Michigan divorce suit, first using a comity argument in an attempt to recognize the Indian injunction, and then, when his first motion was ...

The Claflins spent significant time and energy litigating in two countries over their divorce.   Ms. Zamora Claflin filed for divorce in Florida.  Mr. Claflin sought to dismiss her divorce petition, alleging that Ms. Zamora could not have legally married Mr. Claflin because she was already married at the time they said their vows. Both Ms. Zamora's first marriage and her marriage to Mr. Claflin occurred in the Philippines.   Therefore, the Florida court sent the couple packing to resolve the issue of Ms. Zamora’s sequential marriages in the Philippines.   A court in San Mateo, Philippines declared Ms. Zamora’s first marriage invalid because she lacked the legal capacity to marry her first “husband” as she was too young.  Mr. Claflin, dissatisfied with this answer, took his grievance to a court in Pasig City, Philippines, where he argued that his marriage in the Philippines to Ms. Zamora was void ab initio because her first marriage was never declared invalid p...

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...