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Family Law

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January 18, 2019
James D. Garbolino

Monzon v. De La Roca, 2018 U.S. App. LEXIS 34763 (3d Cir. Dec. 7, 2018)

Commencement of Proceedings Defined | Article 12 Defense | Settlement

January 18, 2019
James D. Garbolino

Fernandez v. Bailey, 909 F.3d 353 (11th Cir. 2018)

Article 18 Discretion to Return Child | Settlement | Repeated Abductions

Article 18 of the1980 Hague Convention provides that “[t]he provisions of this Chapter do not limit the power of a judicial or administrative authority to order the return of the child at any time.” This case examines the parameters of the court’s discretion to order a child returned to his or her habitual residence despite an abducting parent’s successful establishment of an Article 12 defense.

November 16, 2018
James D. Garbolino

Taglieri v. Monasky, No. 16-4128, 2018 U.S. App. LEXIS 29178 (6th Cir. Oct. 17, 2018)

Habitual Residence | Infants

This case addressed what standard should be used to determine the habitual residence of an infant who has lived in only one location prior to the its wrongful removal. Father petitioned for return of his six-week-old child to Italy, where child was born and had lived exclusively before mother wrongfully removed the child to the United States.

Facts

November 16, 2018
James D. Garbolino

Moreno v. Zank, 895 F.3d 917 (6th Cir. 2018)

Habitual Residence

This case addressed whether abduction acts as a bar to the establishment of a child’s habitual residence in the country to which the child was taken. The Sixth Circuit found that resort to self-help and failure to pursue an action for return of a child under the Hague Convention may result in a change in the child’s habitual residence.

March 14, 2018
James D. Garbolino

Soto v. Contreras, 880 F.3d 706 (5th Cir. 2018)

Domestic Violence | Grave Risk

In this case, the Fifth Circuit evaluated whether the district court’s finding that there was a lack of “objective evidence” to support abuse allegations impermissibly increased mother’s burden to prove a grave risk, and whether the existence of spousal abuse requires a finding of grave risk to a child.

Facts

March 14, 2018
James D. Garbolino

Taglieri v. Monasky, 876 F.3d 868 (6th Cir. 2017)

Habitual Residence | Infants | Custody Rights | Grave Risk and Domestic Violence

This case dealt with the question of what standard to apply when determining the habitual residence of an infant who has lived in only one location prior to wrongful removal.

March 9, 2018
James D. Garbolino

Marks v. Hochhauser, 876 F.3d 416 (2d Cir. 2017)

Wrongful Retention | Single or Continuing Act | Date of Entry into Force

The Second Circuit explored whether the 1980 Hague Convention came into force between the United States and Thailand before the mother in this case wrongfully retained her children. It also dealt with whether wrongful retention is a single act or a continuing one.

Facts

February 13, 2018
James D. Garbolino

Madrigal v. Tellez, 848 F.3d 669 (5th Cir. 2017)

Return Orders | Enforcement | Place of Return

This case involves consideration of motions filed by both parents to modify and vacate the order of return. At the time of the hearing on the motions, the children had been returned to their habitual residence, Mexico.

Facts

February 12, 2018
James D. Garbolino

Padilla v. Troxell, 850 F.3d 168 (4th Cir. 2017)

Defenses | Consent – Facts Supporting Consent

This case involves whether mother consented to the removal of the child from Mexico to the United States. The opinion focuses upon the sufficiency of the facts supporting the defense of consent and the district court’s credibility findings.

Facts

February 12, 2018
James D. Garbolino

Ahmed v. Ahmed, 867 F.3d 682 (6th Cir. 2017)

Habitual Residence | Especially Young Children | Infants

The Sixth Circuit expanded the habitual residence standard to allow consideration of shared parental intent in cases involving especially young children who lack sufficient capacity to acclimate to any residence.

Facts

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