Friday, November 2, 2012
The 2d Circuit recently held that "while district courts retain discretion to order the return of a settled child to his or her country of habitual residency, the “now settled” defense available under Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89, reprinted in 51 Fed. Reg. 10,494 (Mar. 26, 1986), is not subject to equitable tolling." Read the opinion here.