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International Law & Litigation

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March 5, 2016
James D. Garbolino

Sanchez v. R.G.L., 761 F.3d 495 (5th Cir. 2014)

Unaccompanied Alien Children | Standing to Appeal

Facts

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March 5, 2016
James D. Garbolino

West v. Dobrev, 735 F.3d 921 (10th Cir. 2013)

Summary Judgment | Sua Sponte Orders

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March 4, 2016
James D. Garbolino

Gomez v. Fuenmayor, 812 F.3d 1005 (11th Cir. 2016)

Grave Risk | Domestic Vio­lence

Even though the child was not directly harmed by violent conduct against a parent and his or her family, the child may be subjected to grave risk of physical and/or psychological harm as a result of that violence.

Facts

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March 1, 2016

Assistance to Other Nations - IJR brochure

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February 25, 2016
James D. Garbolino

This is a “mirror image” order that is designed to be entered in both the U.S. court making the order and in the courts of the child’s habitual residence. This order directs that it be sent to the U.S. Central Authority for transmission to the Central Authority of the child’s habitual residence, and thereupon entered in the appropriate court of the habitual residence.  Such a procedure is likely to consume a lot of time.  Typically, counsel for the parties are directed to obtain the issuance of the mirror order from the foreign court.

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February 25, 2016
James D. Garbolino

This is my first Hague Convention case. What do I do?

1. What amounts to a prima facie case for return?

The 1980 Hague Convention provides that the court shall order a child’s physical return to his or her habitual residence where a child 

    •   is under age of sixteen and
    •   has been wrongfully removed 
    •   from his or her habitual residence 
    •   in violation of the custody rights of the left-behind parent.

The burden of proof for the prima facie case is a preponderance of the evidence.

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Microsoft Office document icon First Case 4 pages
February 23, 2016
James D. Garbolino

Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001)

Habitual Residence

Mozes remains the most-followed case for determining habitual residence and stands out as the most-cited circuit case dealing with the 1980 Convention.

Facts

February 2, 2016
James D. Garbolino

Chafin v. Chafin, 133 S. Ct. 1017 (2013)

Mootness | Stays | Expeditious Handling

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January 21, 2016
James D. Garbolino

Abbott v. Abbott, 560 U.S. 1 (2010)[1]

Interpreting the Convention | Custody Rights | Ne Exeat Clauses

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January 20, 2016
James D. Garbolino

Mendez v. May, 778 F.3d 337 (1st Cir. 2015)
(Petition for Certiorari docketed on June 17, 2015)

Habitual Residence

Facts

Pages

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