Case Update (2021): Aluker v. Yan; right of custody pursuant to a Property Settlement Agreement, Article 3 "legal effect"
On March 4, 2021, Judge Liam O'Grady of the U.S. District Court of the EDVa, entered an order in the case of Aluker v. Yan , granting Respondent's motion for judgment on partial findings. Petitioner has appealed. In September 2017, the Aluker-Yan family moved from the United States to Portugal, where they initially resided together, but separated thereafter. On November 9, 2018, the parties executed a Separation and Property Settlement Agreement (PSA). The pertinent language from that PSA says, "[Yan] shall have sole legal and primary physical custody of [both children]. [Aluker] shall be entitled liberal and reasonable visitation with the children." The agreement also had a clause construing the provisions therein according to the law of Virginia, where Ms. Yan presently resides with the children. In May 2019, Mr. Aluker filed proceedings in the Portuguese family court. The PSA was not introduced into those proceedings. On October 3, 2019, Ms. Yan in...