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Hague Convention on the Civil Aspects of International Child Abduction

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April 21, 2017
James D. Garbolino

Tann v. Bennett, 648 F. App’x 146 (2d Cir. 2016) (unpublished opinion)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

Downloadable file:
April 21, 2017
James D. Garbolino

Pliego v. Hayes, 843 F.3d 226 (6th Cir. 2016)

Intolerable Situation | Courts of Habitual Residence

This case addresses whether an “intolerable situation” under Article 13(b) includes the inability of the courts of the habitual residence to litigate child custody.

Facts

Downloadable file:
April 20, 2017
James D. Garbolino

In re A.L.C., 607 Fed. App’x 658 (9th Cir. 2015) (unpublished opinion)

Habitual Residence | Re-Return Orders Following Reversal of Lower Court Order on Appeal

Downloadable file:
April 20, 2017
James D. Garbolino

Martinez v. Cahue, 826 F.3d 983 (7th Cir. 2016)

Habitual Residence | Custody Rights

This case addresses the fundamental principles of habitual residence and discusses the significance of establishing custody rights and habitual residence when only one parent has the legal right to custody of the child.

Facts

Downloadable file:
April 20, 2017
James D. Garbolino

Hernandez v. Pena, 820 F.3d 782 (5th Cir. 2016)

Delay Defense | Settlement | Immigration Status

This is a case of first impression in the Fifth Circuit, addressing the meaning of the term settled in the context of a delay defense.

Facts

Downloadable file:
April 20, 2017
James D. Garbolino

Margain v. Ruiz-Bours, 592 F. App’x 619 (9th Cir. 2015) (unpublished opinion)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

Downloadable file:
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

Downloadable file:
April 19, 2017
James D. Garbolino

Didon v. Castillo, 838 F.3d 313 (3d Cir. 2016)

Habitual Residence | Concurrent Habitual Residences | Stays

This case addresses (1) whether a child may have two concurrent habitual residences, (2) what factors are involved in determining habitual residence when children spend substantial time in two adjacent countries, and (3) whether lower courts should stay orders of return pending appeal.

Facts

Downloadable file:
April 19, 2017
James D. Garbolino

Delgado v. Osuna, 837 F.3d 571 (5th Cir. 2016)

Habitual Residence | Parental Intent

This case involves the question whether a change in a child’s habitual residence may take place when parents share an intent to abandon a previous residence but have not agreed upon the particular place to establish their new home.

Facts

Downloadable file:
April 18, 2017
James D. Garbolino

Alcala v. Hernandez, 826 F.3d 161 (4th Cir. 2016)

Settlement | Immigration Status | Return Despite Existing Defense

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