Posts

Showing posts with the label nationality

Case Update (2020): Begum v. Palanisamy; the difficulty of mirroring a U.S. custody order overseas and the conflict of continuing exclusive jurisdiction under the UCCJEA

Image
The Appellate Division of the Superior Court of NJ's case of Begum v. Palanisamy involves a multi-jurisdictional family and a NJ custody order.  While the opinion itself is merely about a variety of motions filed between the parties, there are some interesting issues that arise that allow this blog to address the mirroring or domesticating of U.S. custody orders in foreign countries.  Under the parents' custody agreement, incorporated into a NJ court order, they shared joint legal custody of their minor daughter, and the child was permitted to relocate to Singapore, with the child's father in NJ having access to the child in Singapore and in the United States.  The order also specified that NJ would retain jurisdiction over the custody matter and the parties were permitted, but not required, to domesticate the NJ custody order in Singapore. The parties returned to the NJ court not long after when the plaintiff mother sought Singaporean citizenship for the child, Alexis....

Case Update (2020): Jaffal v. Thompson; recognition of a foreign unilateral divorce for purposes of a U.S. citizenship application

Image
 Mr. Imad Jaffal sues the U.S. government for citizenship ( Jaffal v. Thompson ).  The underlying issue for whether Jaffal can be granted citizenship revolves around his parents' divorce, which occurred in Jordan.  Apparently, his father obtained a unilateral divorce from his mother in the shari'a court in Jordan.  The divorce was revocable and then turned into an irrevocable divorce after the requisite period of time passed.  Further, at the time of the divorce, both of Jaffal's parents were domiciliaries of the state of Ohio in the United States.  The U.S. District Court for the District of New Jersey concluded it could not recognize the Jordanian divorce, which was fatal to Jaffal's citizenship claim.  The divorce was unilateral and there was no evidence that Jaffal's mother had any notice of it, therefore it was not entitled to recognition as a matter of comity as it violated public policy.  Furthermore, it was, in all reality, equal to a "mai...