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Domestic Violence

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Contains
Contains
Format: 2019
Greater than or equal to
April 19, 2017
James D. Garbolino

Hernandez v. Cardoso, 844 F.3d 692 (7th Cir. 2016)

Grave Risk Defense | Intimate Partner Violence in Child’s Presence

In this case, the Seventh Circuit applied a clear error standard when reviewing factual determinations made by a district court and addressed whether there was sufficient evidence domestic violence to sustain the defense of grave risk.

Facts

March 5, 2016
James D. Garbolino

Van De Sande v. Van De Sande, 431 F.3d 567 (7th Cir. 2005)

Grave Risk | Domestic Violence

March 5, 2016
James D. Garbolino

Souratgar v. Lee, 720 F.3d 96 (2d Cir. 2013)

Article 20 | Domestic Violence | Degree of Violence | Grave Risk to Child | Syariah Law

This case deals in part with the claim that the prospect of having to litigate custody in Syariah courts violates the provisions of Article 20, prohibiting the return of children if the return would be contrary to the protection of human rights and fundamental freedoms. There is also a substantial discus­sion as to what constitutes domestic violence sufficient to war­rant a refusal to return a child.

March 4, 2016
James D. Garbolino

Gomez v. Fuenmayor, 812 F.3d 1005 (11th Cir. 2016)

Grave Risk | Domestic Vio­lence

Even though the child was not directly harmed by violent conduct against a parent and his or her family, the child may be subjected to grave risk of physical and/or psychological harm as a result of that violence.

Facts

January 20, 2016
James D. Garbolino

Blondin v. Dubois (Blondin I), 189 F.3d 240 (2d Cir. 1999)
Blondin v. Dubois (Blondin II), 238 F.3d 153 (2d Cir. 2001)

Grave Risk | Domestic Violence

Blondin I and Blondin II stand as authority for determining the depth and nature of domestic violence, and the efforts that courts should undertake to determine if, and under what circumstances, children should be ordered returned.

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