I’m happy to welcome a new guest-poster and fellow blogger, Nathan Park of Kobre Kim, who brings us a short discussion of Cunningham v. Cunningham (M.D. Fla. 2017). Welcome, Nathan!
This case follows a proceeding in which plaintiff ex-wife sued the defendants ex-husband and his current wife, in order to secure return of the child between ex-wife and ex-husband from U.S. to Japan, back to ex-wife’s custody. The court previously ordered the child to be returned to the ex-wife pursuant to Hague Convention on Child Abduction. On the day the ex-wife was supposed to be on the flight back to Japan with a child, the defendants filed the motion to stay the order.
The court denied the stay motion, noting that the ex-wife and the child likely left the United States already. Further, the court found the stay motion to be an attempt to re-litigate the previous proceeding.