Thursday, April 17, 2014

Lozano v. Alvarez

From Margaret Ryznar, writing for the Huffington Post:

In early March, the United States Supreme Court handed down the opinion in its most recent international abduction case, Lozano v. Alvarez. Justice Thomas wrote for the unanimous Court, holding that American courts cannot toll the one-year period for left-behind parents to file a Hague petition for a child's return -- after which time a defense to return the child can be asserted if the child is now settled in her new environment -- even when the abducting parent concealed the whereabouts of the child.

Lauren Moskowitz, partner at Cravath, Swaine & Moore LLP, represented Ms. Alvarez pro bono. Ms. Moskowitz elaborated upon the decision in an interview for this post:

"We are grateful for the Supreme Court's unanimous decision, which makes clear that parents will not be prevented from raising the defense to return that the child is 'now settled' in the United States, a defense that specifically is provided for in the Hague Convention. The Court's decision correctly refused to displace the careful balance of interests that was memorialized in the treaty, which recognizes that in these international custody disputes, the interests of the child are paramount."

Read more here.

MR

http://lawprofessors.typepad.com/family_law/2014/04/lozano-v-alvarez.html

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