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Civil Litigation & Procedure

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James D. Garbolino
February 9, 2023

Grave Risk Defense | Child’s Objection to Return | Role of Trial Court

In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.

James D. Garbolino
November 17, 2022

Motion to Set Aside

In this case, a motion to set aside judgment under Rule 60(b) was denied for failure to raise material disputed fact. The party must show evidence of a disputed material to support a motion to set aside a judgment based on newly discovered evidence.

James D. Garbolino
November 17, 2022

Habitual Residence | Standard Appellate Review

James D. Garbolino
November 17, 2022

Habitual Residence | Summary Dispositions

In this case, the Sixth Circuit reviewed an habitual residence finding, applying the totality of the circumstances.

Holding

James D. Garbolino
November 17, 2022

Grave Risk | Exercise of Custody Rights | Undertakings | Ameliorative Measures

James D. Garbolino
November 16, 2022

Grave Risk | Domestic Violence | Discovery | Experts | Findings

James D. Garbolino
November 16, 2022

Age of Child | Attorney Fees and Costs

In this case, the Seventh Circuit addressed the loss of jurisdiction when a child turns sixteen years of age and whether sanctions were warranted for a frivolous appeal.

Holdings

James D. Garbolino
November 16, 2022

Younger Abstention | Exceptions to Abstention

James D. Garbolino
November 16, 2022

Grave Risk | Ameliorative Measures | Discretion to Return

James D. Garbolino
November 16, 2022

Grave Risk | Objection of the Child

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