MK Family Law

 From Guest Blogger, Bruce Hale of Modern Family Law     The family law bar is facing a number of challenges posed by the global pandemic.  Much has already been written on the impact of the pandemic to matters of child custody and support.  Lesser known are issues in family formation, which are aggravated when they take place on the international stage. Many countries around the world restrict or ban certain forms of assisted procreation.  In most countries, surrogacy is banned outright or only available in very limited circumstances.  Gamete donation in many countries can also be subject to strict limitations.  Even fertility procedures, such as IVF, might not be available to all who seek to become parents. Because of these limitations in other countries, the United States is a destination for people who need fertility treatment or third-party assisted procreation.  In the United States, individuals and couples enjoy a generally broader set...

As the COVID-19 pandemic drags on, it is inevitable we will see more international cases that address this issue, even if tangentially. In the case of Sacchi v. Dervishi, the US District Court for the Northern District of California ordered two children returned to their habitual residence of Italy and crafted its return order to account for the European Union's travel restrictions  that left the United States off of approved travel partners due to a resurgence in the COVID-19 outbreak in many parts of the U.S. The couple, who were residing in Italy for the better part of 2 years with their children, were having marital difficulties.  The children’s mother, Ms. Dervishi, decided she wanted to return to California, where the family had previously lived, and where the children were born.  She asked their Father, Mr. Sacchi, for permission to move the children with her.  It appears that both parents had a tentative (albeit somewhat unclear) understanding that the child...

In the case of Guerra v. Rodas, (Case No. CIV-20-96-SLP) , Plaintiff Mother sought the return of her minor child to Guatemala.  The child was removed from Guatemala in March 2019 by the child’s biological Father.  In May 2019, Plaintiff Mother reported the child’s removal to law enforcement and submitted a formal complaint. She followed this with an application to the Central Authority using the Hague Abduction Convention, and, then, in February 2020, filed the appropriate lawsuit in the U.S. District Court for the Western District of Oklahoma.   The court hearing itself was continued several times, including for Defendant to find counsel, to appoint a Guardian Ad Litem for the child, and because of COVID-19.  The trial was ultimately heard on June 1, 2020, with the Mother appearing remotely.    The judge found that the Plaintiff Mother met her burden to have the child returned to Guatemala, and then addressed two exceptions argued by the Father. ...