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U.S. Courts of Appeals

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Contains
Contains
Format: 2021
Greater than or equal to
James D. Garbolino
March 18, 2021

Domestic Violence | Grave Risk | Child Not a Target of Abuse | No Expert Witness Required to Testify to Psychological Dangers to the Child

This case addressed the question whether domestic violence against a parent poses grave risk to a child.

James D. Garbolino
March 18, 2021

Habitual Residence | Wrongful Retention | Child’s Objection to Return

In this case, a mother filed a petition for the return of her child to Canada after the father refused to send the child back from the United States after a visit.

Holding

James D. Garbolino
March 18, 2021

Child’s Objection to Return

In this case, the First Circuit reviewed whether a mature child’s objection to return was sufficient for the district court to deny the mother’s request for his return to Venezuela.

Holding

James D. Garbolino
February 16, 2021

Habitual Residence of Infants | Lack of Necessity of Evidentiary Hearing

James D. Garbolino
November 25, 2020

Habitual Residence | Precedent

James D. Garbolino
November 25, 2020

Habitual Residence | Parental Intent | Precedent

James D. Garbolino
July 29, 2020

Parent’s Refusal to Return | Child’s Objection to Return | Grave Risk & Ameliorative Measures

Jason A. Cantone, Carly E. Giffin
June 3, 2020

This report evaluates the use of certified questions of state law between 2010 and 2018 in three U.S. circuit courts of appeal: the Ninth, Sixth, and Third Circuits. The data shows variation in the rate of certification and timing of certification events between the circuits.

James D. Garbolino
May 5, 2020

Defenses | Settlement and Immigration Status | Grave Risk | Motions for New Trial

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