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James D. Garbolino
February 9, 2023

Grave Risk Defense | Child’s Objection to Return | Role of Trial Court

In this case, after being left in the father’s care for two years, a child was removed from Brazil by his maternal aunt and taken to Massachusetts to live with his mother.

James D. Garbolino
March 18, 2021

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

James D. Garbolino
May 5, 2020

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

James D. Garbolino
January 20, 2016

Habitual Residence

Facts

James D. Garbolino
January 20, 2016

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

James D. Garbolino
January 20, 2016

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.

James D. Garbolino
January 19, 2016

Habitual Residence | Acclimatization | Grave Risk

Facts

Marie Leary
November 30, 2004

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.

Joseph A. DiClerico, Civil Justice Advisory Group for the District of New Hampshire
August 16, 1996

The results of a survey of attorneys designed to assess the effects of the local changes implemented under the district's Expense and Delay Reduction Plan.

Carmen Consuelo Cerezo, Civil Justice Advisory Group for the District of Puerto Rico, Gilberto Giebolini
April 28, 1995

Chief U.S. District Judge Carmen C. Cerezo transmits her district's Expense and Delay Reduction Plan to Administrative office director L. Ralph Mecham.

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