MK Family Law

On July 6, 2020, the Court of Appeal of the State of California issued an opinion in the case of L.A. Cnty. Dep't of Children & Family Servs. v. MH .  At issue, in this case, is a minor child who had been in a shelter in Mexico, and was then transferred to his maternal grandmother in California.  The child's parents were both found unfit to care for the child, and the child had been living in deplorable conditions with the parents in Mexico.  The child is a U.S. national (the mother is American), and upon learning of the child's citizenship, the U.S. consulate was contacted, and arrangements were made to transfer the child as an unaccompanied minor to the United States.  The juvenile court in California issued a custody order on August 6, 2019 declaring the child a dependent of the court and ordering the child's placement with his maternal grandmother. The California court never contacted the Mexican court.  The Father timely appealed, arguing a lack of juri...

Two Italian nationals met, married in Italy, and then subsequently moved to the United States, where they made their marital home for 40 years, and had their children.  Both became US nationals. On a trip to Italy in 2015, the spouses had a dispute, and the Husband returned to the United States without his Wife.  In 2016, the parties filed a separation action in Italy based on consent, which was ultimately dismissed.  They then filed a non-consensual separation action in Italy.  A separation action in Italy is different from a divorce action.  It must precede a divorce action, but a divorce action does not need to follow (if neither party wants to request a divorce).  Both parties had Italian counsel, and the Wife ultimately fought the Italian separation action.  Despite her overtures, it continued.  In 2018, she filed a divorce action in New Jersey.  By now, both parties were back in New Jersey.  Upon a request by the Husband, the NJ c...