MK Family Law

The Family Court of New York County addressed an interesting UCCJEA case on February 1, 2021 .   The minor child at issue was repatriated by the U.S. Department of State from Pakistan to New York on June 26, 2020 at the age of 16 because of concerns that she had been brutally beaten and coerced into an arranged marriage.  The child, Saida, is a U.S. citizen, and had lived in New York prior to being taken to Pakistan by her father on July 29, 2019.  The father left Saida in her mother's care in Pakistan.  Upon her return to New York, she was placed in the care of New York City Administration for Children's Services, and on September 29, 2020, an abuse petition was filed against her parents.  On November 2, 2020, the parents filed a motion to dismiss the abuse petition under the UCCJEA on the grounds that Pakistan was the child's home state.  The father requested that Saida be transferred to social services in Pakistan. Children's Services filed an affir...

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 Maryland Court of Special Appeals issued an unreported opinion in the case of Olarinde v. Korede on August 20, 2020.  In the opinion, the court examined subject matter jurisdiction and whether Maryland was the "home state" of the parties' children so that Maryland could issue its initial child-custody determination.  The trial court concluded Maryland was the home state.  The COSA agreed.   The parents have 4 children - 2 born in Nigeria and 2 born in the United States.  The family took up residency in Maryland in 1999.  The couple are dual Nigerian-U.S. nationals.  In 2009 or 2010, the Father returned to Nigeria, traveling to Maryland for months at a time.  The parties' two eldest children left Maryland at various points in time, traveled to Nigeria and resided there, but ultimately returned to Maryland.  At this time, both are emancipated.   On August 2, 2016, the Father filed for divorce and custody in Maryland, but cla...