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Hague Convention on the Civil Aspects of International Child Abduction

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Case Commentary: Leon v. Ruiz No. MO:19-CV-00293-RCG, 2020 U.S. Dist. LEXIS 43758 (W.D. Tex. Mar. 13, 2020)

James D. Garbolino
July 29, 2020

Defenses | General Denial

In this case, a father presented a prima facie case for the return of his child, but the mother waited until her opening statement at trial to present her affirmative defenses.

Holding

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Case Commentary: Rubio v. Castro, No. 19-3740, 2020 U.S. App. LEXIS 14905 (2d Cir. May 11, 2020)

James D. Garbolino
July 29, 2020

Parent’s Refusal to Return | Child’s Objection to Return | Grave Risk & Ameliorative Measures

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Case Commentary: Da Silva v. De Aredes, 953 F.3d 67 (1st Cir. 2020)

James D. Garbolino
May 5, 2020

Defenses | Settlement and Immigration Status | Grave Risk | Motions for New Trial

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Case Commentary: Berenguela-Alvarado v. Castanos, 950 F.3d 1352 (11th Cir. 2020)

James D. Garbolino
May 4, 2020

Factual Error | Burden of Proof

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Case Commentary: Takeshi Ogawa v. Kyong Kang, 946 F.3d 1176 (10th Cir. 2020)

James D. Garbolino
March 23, 2020

Custody Rights[1]

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Case Commentary Update: Taglieri v. Monasky, 907 F.3d 404 (6th Cir. 2018)

James D. Garbolino
March 23, 2020

Habitual Residence

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Case Commentary: Saada v. Golan, 930 F.3d 533 (2nd Cir. 2019)

James D. Garbolino
March 23, 2020

Grave Risk | Court’s Discretion to Return | Undertakings | Habitual Residence

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Case Commentary: Watts v. Watts, 935 F.3d 1138 (10th Cir. 2019)

James D. Garbolino
March 23, 2020

Habitual Residence | Parental Intent | Acclimatization | Time-Limited Relocations

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Case Commentary: Eidem v. Eidem, No. 19-1417, 2019 U.S. App. LEXIS 36488 (2d Cir. Dec. 10, 2019)

James D. Garbolino
March 20, 2020

Grave Risk | Quality of Medical Care in Habitual Residence | Interruption of the Course of Counseling | Credibility

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Case Commentary: Pope v. Lunday, No. CIV-19-01122-PRW, 2019 WL 711615 (W.D. Okla. Dec. 23, 2019)

James D. Garbolino
March 20, 2020

Habitual Residence

This case explored the question of whether a parental agreement reached while the children were in utero could establish habitual residence in a place where the children had never been.

Holding

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