Family Law Reporter: Index-Summary

HAGUE CONVENTION

– Appeal, fugitive disentitlement doctrine applies to (Va.), 1015
– Attorneys' fees for prevailing party

– – Award request excessive (E.D. Pa.), 1081
– – Rates must be reduced to those more commensurate to the local geographic area (M.D. Fla.), 1537
– – Respondent with limited means, fee award for pro bono counsel denied (C.D. Ill.), 1093

– Father refusal to allow child to return to Israel did not violate (6th Cir.), 1416
– Grave risk exception to return of child

– – Domestic violence, mother failed to show father's alleged abuse of her placed child at risk of harm (E.D. Tex.), 1356
– – Psychological exam of children, motion to obtain granted (S.D. Fla.), 1082; disciplinary spankings by parent not grave risk but undertakings imposed after return of children, 1113
– – Spankings, name-calling, and physical discipline of child did not create risk (W.D. Pa.), 1510

– Greek court order denying father's request not entitled to comity in mother's U.S. court action (9th Cir.), **1509
– Habitual residence

– – Indefinite stay overseas established new residence (8th Cir.), 1247
– – Last shared intent of parents controls (E.D.N.Y.), 1197
– – N.Y.-born son's residence not linked to mother and half-siblings obtaining citizenship (E.D.N.Y.), 1533
– – Repatriation pact between parents not controlling (E.D. Mo.), 1269

– Joint custodian mother's uncontested petition to return child to Sweden must be granted (E.D. Ky.), 1513
– Marriage validity, custody rights unaffected despite parental union possibly void (E.D.N.Y.), 1065
– Ne exeat rights of parents

– – Breach of order not violation of right of custody (U.S., rev sought), 1071; (rev grant), 1395
– – Supreme Court nominee Sotomayor involved in circuit split on issue, 1335
– – Unmarried parents, father lacks right of custody (U.S., rev sought), 1107

– Passport of child, surrender order improper despite denial of mother's petition for visit to country not participating in Convention (La. Ct. App.), 1104
– Passports, mother's ex parte motion to surrender granted (E.D. Pa.), 1417; father with joint custody must return child to mother, 1438
– Preference of child exception, wish of 11-year-old honored (D. Del.), 1184
– Refugee child, mother need not return to aunt who cared for child during mother's detention in Somalia (E.D. Wis.), 1309
– Reopening of closed case, motion properly denied since no fraud on the court (D. Nev.), 1068
– Statute of limitations

– – Child hidden by removing parent, equitable tolling applies (E.D. Mo.), 1485
– – Wrongful removal, equitable tolling applies, petition for return not time-barred (Wash. Ct. App.), 1116

– Teenager's wishes trump valid claim by mother (D. Colo.), 1400
– Well-settled exception to return of child

– – Illegal immigration status of child, exception analysis unaffected by (9th Cir.), 1234
– – Stable immigration status of parent and child, exception tied to (D. Del.), 1184

HEALTH INSURANCE

– Benefit overpayments to ex-wife, health fund may not recover (N.D.N.Y.), 1465
– Child support, adjudicated father must reimburse state for birth-related expenses paid by Medicaid (Tenn. Ct. App.), 1094
– COBRA benefits, untimely notice of divorce precludes ex-wife from obtaining (E.D. Pa.), 1535
– Domestic partnerships, New Orleans registration ordinance upheld, health benefits extended to partners of city employees (La. Ct. App.), 1138
– Negligence, claim against insurance plan for disclosing address to former spouse not preempted by ERISA (C.D. Cal.), 1319
– Same-sex couples married out of state

– – Equal benefits mandated by N.Y. agency, 1059
– – State employees, extension of coverage to spouses upheld (N.Y. App. Div.), 1135

HEARTBALM ACTIONS

See ALIENATION OF AFFECTIONS

HOMICIDE

See CRIMINAL LAW AND PROCEDURE

HOMOSEXUALITY

See SEXUAL ORIENTATION