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Soto v. Contreras (Case Analysis)

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

Downloadable file:
PDF icon Case Commentary: Soto v. Contreras (5th Cir. 2018) 3 pages

Taglieri v. Monasky (Case Analysis)

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.

Downloadable file:
PDF icon Case Commentary: Taglieri v. Monasky (6th Cir. 2017) 4 pages

Marks v. Hochhauser (Case Analysis)

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

Downloadable file:
PDF icon Case Commentary: Marks v. Hochhauser (2d Cir. 2017) 2 pages

Madrigal v. Tellez (Case Analysis)

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

Downloadable file:
PDF icon Case Commentary: Madrigal v. Tellez (5th Cir. 2017) 2 pages

Padilla v. Troxell (Case Analysis)

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

Downloadable file:
PDF icon Case Commentary: Padilla v. Troxell, 850 F.3d 168 (4th Cir. 2017) 2 pages

Ahmed v. Ahmed (Case Analysis)

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

Downloadable file:
PDF icon Case Commentary: Ahmed v. Ahmed (6th Cir. 2017) 2 pages

Tann v. Bennett (Case Analysis)

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:
PDF icon Case Commentary: Tann v. Bennett (2d Cir. 2016) 1 page

Pliego v. Hayes (Case Analysis)

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:
PDF icon Case Commentary: Pliego v. Hayes (6th Cir. 2016) 3 pages

Hernandez v. Pena (Case Analysis)

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:
PDF icon Hernandez v. Pena (5th Cir. 2016) 2 pages

Margain v. Ruiz-Bours (Case Analysis)

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:
PDF icon Case Commentary: Margain v. Ruiz-Bours (9th Cir. 2015) 1 page

Pages

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