Child’s Objection to Return

In this case, the First Circuit reviewed whether a mature child’s objection to return was sufficient for the district court to deny the mother’s request for his return to Venezuela.

Holding

Consent and Acquiescence

Article 13 establishes a defense to return when the left-behind parent has consented or acquiesced to the removal or retention of the child. Consent or acquiescence, however, must be clearly established.

Facts

Grave Risk | Sexual Abuse of Child

The Da­nai­pour cases deal with the responsibilities of trial courts to hear and rule on defenses to return as opposed to relying upon the courts or services of the habitual residence to inquire into allegations of abuse.

The Federal Judicial Center prepared this report to assist the Judicial Conference Advisory Committee on the Federal Rules of Appellate Procedure to evaluate reported problems with and potential amendments to Rules 28 and 32 on the content and cover of briefs.