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.
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.
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.
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.