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Hague Convention on the Civil Aspects of International Child Abduction

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Contains
Contains
Format: 2024
Greater than or equal to
James D. Garbolino
August 31, 2023

This guide is designed to assist federal and state judges in dealing with proceedings for the return of children under the 1980 Hague Convention on the Civil Aspects of International Child Abduction.

James D. Garbolino
February 17, 2023

Grave Risk | Domestic Violence | Effect of Asylum Grant | Zone of War or Famine | Inability of Local Courts to Fairly Adjudicate Custody Case

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

Younger Abstention

A parent sought an order compelling a federal court to modify and enforce the custody decision of a state court.

Holding

James D. Garbolino
November 16, 2022

Grave Risk | Domestic Violence | Discovery | Experts | Findings

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