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

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

Tann v. Bennett, 648 F. App’x 146 (2d Cir. 2016) (unpublished opinion)

Child’s Objection to Return

This case deals with whether the in camera testimony of a thirteen-year-old boy can sustain the child’s objection to return.

Facts

Margain v. Ruiz-Bours, 592 F. App’x 619 (9th Cir. 2015) (unpublished opinion)

Acclimatization and Settlement | Equitable Tolling

This case deals with the 1980 Hague Convention’s Article 12 defense: if the child has become settled in his or her new environment and the petition for return of the child is filed more than one year from the date of the wrongful removal or retention, the court may deny the return of the child.

Facts