Tuesday, November 26, 2013
From Margaret Ryznar, writing for the Huffington Post:
On December 11, 2013, the United States Supreme Court will hear oral arguments in Lozano v. Alvarez, a case arising under the Hague Convention on the Civil Aspects of International Child Abduction. This is the second consecutive year that that the United States Supreme Court is considering the provisions in this Convention: last term, the Court decided Chafin v. Chafin, 133 S.Ct. 1017 (2013), holding that the jurisdiction of American appellate courts does not end when the child has been returned to another country.
Lozano now probes one of the exceptions to the return of the child under the Hague Convention on the Civil Aspects of International Child Abduction. Although ordinarily a court must return a child pursuant to the Convention, Article 12 provides an exception if the petition for return of the child is filed more than 1 year after the child's removal and a preponderance of the evidence shows that the child is now settled in her environment such that her return would not be in her best interests. The question in Lozano is whether a court may equitably toll (i.e., suspend) the running of this one-year filing period when the abducting parent has concealed the whereabouts of the child.
Read more here.