Hague Convention on the Civil Aspects of International Child Abduction

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The 1980 Hague Convention FAQ - Abstention and Removal

March 9, 2016

Do the doctrines of abstention and removal apply to Hague Convention cases?

Case Commentary: Lozano v. Montoya Alvarez, 134 S. Ct. 1224 (2014)

James D. Garbolino

March 5, 2016

Equitable Tolling | Return Despite Article 12 Defense | Delay | Settlement

Case Commentary: Van De Sande v. Van De Sande, 431 F.3d 567 (7th Cir. 2005)

James D. Garbolino

March 5, 2016

Grave Risk | Domestic Violence

Case Commentary: Souratgar v. Lee, 720 F.3d 96 (2d Cir. 2013)

James D. Garbolino

March 5, 2016

Article 20 | Domestic Violence | Degree of Violence | Grave Risk to Child | Syariah Law

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

James D. Garbolino

March 5, 2016

Unaccompanied Alien Children | Standing to Appeal

Facts

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

James D. Garbolino

March 5, 2016

Summary Judgment | Sua Sponte Orders

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

James D. Garbolino

March 4, 2016

Grave Risk | Domestic Violence

Even though the child is 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.

Order Directing Return of Minor Children to Country of Habitual Residence ("Mirror Image" Version)

James D. Garbolino

February 25, 2016

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.

The 1980 Hague Convention FAQ – How to handle first case

James D. Garbolino

February 25, 2016

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

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

James D. Garbolino

February 23, 2016

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

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Hague Convention on the Civil Aspects of International Child Abduction

The 1980 Hague Convention FAQ - Abstention and Removal

Do the doctrines of abstention and removal apply to Hague Convention cases?

Case Commentary: Lozano v. Montoya Alvarez, 134 S. Ct. 1224 (2014)

Case Commentary: Van De Sande v. Van De Sande, 431 F.3d 567 (7th Cir. 2005)

Case Commentary: Souratgar v. Lee, 720 F.3d 96 (2d Cir. 2013)

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

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

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

Order Directing Return of Minor Children to Country of Habitual Residence ("Mirror Image" Version)

The 1980 Hague Convention FAQ – How to handle first case

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

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

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

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