April 16-20, 2007

Table of Contents

FAMILY LAW CASES

• Bader v. Kramer
• Papakosmas v. Papakosmas
• Holmes v. Kent
• In re Estate of Nash
• In re Green

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U.S. 4th Circuit Court of Appeals, April 18, 2007
Bader v. Kramer, No. 06-2259
Ruling for petitioner in action under International Child Abduction Remedies Act seeking the return of his daughter to Germany is affirmed as petitioner has established, under the Hague Convention and ICARA, that the daughter was wrongfully removed from Germany and, as no defense precludes her return, she must be promptly returned to Germany. Read more...

U.S. 9th Circuit Court of Appeals, April 16, 2007
Papakosmas v. Papakosmas, No. 05-55211
A judgment finding that a mother's removal of her children from Greece was not wrongful within the meaning of the Hague Convention and the International Child Abduction Remedies Act (ICARA) is affirmed where on the date of the children's removal from Greece, their habitual residence remained in the state of California as: 1) there was no shared settled intention on the part of the parents to shift the habitual residence of their children to Greece; and 2) a four-month period spent by the children in Greece was insufficient to acclimatize them to that country. Read more...

Supreme Court of Texas, April 20, 2007
Holmes v. Kent, No. 04-0729
In an action claiming that petitioner is entitled to payments from an optional annuity elected by his deceased ex-wife as part of her teacher retirement benefits, a ruling against petitioner is reversed where the court of appeals erred in finding that a constructive trust in favor of respondents could be imposed on payments petitioner receives, as petitioner had remained the designated beneficiary of the annuity. Read more...

Supreme Court of Texas, April 20, 2007
In re Estate of Nash, No. 05-0538
A contingent bequest to a testator's former stepdaughter is not a provision favoring his former spouse for purposes of Probate Code section 69, which provides that if a testator divorces after executing a will, provisions that favor a former spouse must be read as if the former spouse predeceased the testator. Read more...

Supreme Court of Texas, April 20, 2007
In re Green, No. 06-0496
A court order to pay spousal support is unenforceable by contempt if the order merely restates a private debt rather than a legal duty imposed by Texas law. A petition for writ of habeas corpus is granted pursuant to a claim that petitioner could not be imprisoned for nonpayment of a contractual alimony obligation incorporated into his divorce decree. Read more...