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International Law & Litigation

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April 18, 2017
James D. Garbolino

Custodio v. Samillan, 842 F.3d 1084 (8th Cir. 2016)

Child’s Objection to Return | Mootness

The 1980 Convention ceases to apply to a child who reaches the age of sixteen during Convention proceedings, even if the petition for return was filed before the child turned sixteen. A mature child’s objection to return may be based on issues also relevant to a custody proceeding.

Facts

April 18, 2017
James D. Garbolino

Cunningham v. Cunningham, 237 F. Supp. 3d 1246 (M.D. Fla. 2017)

Habitual Residence of Infants | Wrongful Retention | Delay and Settlement of Child

Facts

April 18, 2017
James D. Garbolino

Berezowsky v. Ojeda (Berezowsky II), 652 F. App’x 249 (5th Cir. 2016) (unpublished opinion)

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

April 18, 2017
James D. Garbolino

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

Settlement | Immigration Status | Return Despite Existing Defense

December 30, 2016
David Nersessian

The purpose of this guide is to help federal judges adjudicate civil cases alleging human rights violations under domestic and international law. This guide addresses cases with an international dimension brought in federal court pursuant to specific U.S. statutes that provide jurisdiction over such claims. These cases include rights-based legal disputes involving foreign plaintiffs or defendants, cases involving violations occurring abroad, and cases relying on international human rights law.

April 27, 2016

Rodriguez v. Yanez, 817 F.3d 466 (5th Cir. 2016)

Exercise of Custody Rights | Child’s Objection to Return

The exercise of custody rights exists where a parent maintains some sort of relationship with the child. The objection of the child to return may not be sustained by mere preference, as opposed to an actual objection, but the child’s preference to remain with a parent may be relevant to sustain an objection to return. 

Facts

April 11, 2016

A two-page checklist covering procedural issues, cases for return, defenses, return orders, and attorneys' fees.

This document is part of The 1980 Hague Convention on International Child Abduction: A Resource for Judges, a Special Topic Webpage.​

Downloadable file:
April 7, 2016
Jeremy D. Fogel, James D. Garbolino

Judge Jeremy Fogel, director of the Federal Judicial Center, and Judge James Garbolino discuss the resources available on this Special Topic Webpage and briefly outline the elements of a Hague Convention case.

This is one of several 1980 Hague Convention on International Child Abduction video tutorials.

April 7, 2016
James D. Garbolino, Peter J. Messitte, Henry Hand

Judge James Garbolino explains the role of the Central Authority, an entity that each country that is a signatory to the 1980 Convention must designate to assist in the administration of the Convention. In the United States, the Central Authority is the U.S. State Department. Within the State Department, the Office of Children’s Issues is responsible for handling child abduction cases.

April 7, 2016
James D. Garbolino, Marcia S. Krieger, Hiram Puig-Lugo

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