Thursday, December 6, 2012

US Supreme Court Hears International Child Custody Case

The US Supreme Court heard oral arguments yesterday in Chafin v. Chafin, a case involving an international child custody dispute under the Hague Convention on the Civil Aspects of International Child Abduction, to which the US is a party. The case involves an American military dad and a Scottish mom who got divorced. The lower US court granted the mom custody and allowed her to return to Scotland with the child. The dad appealed the court's decision, including its finding that Scotland was the habitual residence of the child because the family had moved around due to the father's military service. However, the appellate court dismissed the case as moot because the mom and child had already left the US. The issue on appeal is whether US courts still have jurisdiction when the child has been removed from the country. U.S. Circuit Courts of Appeals are split on the issue. In oral argument, the justices questioned whether courts should issue orders delaying a parent from leaving the country in such cases to give the other parent time to appeal.

(cgb)

http://lawprofessors.typepad.com/international_law/2012/12/us-supreme-court-hears-international-child-custody-case.html

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Comments

I think the court's decision on the child custody is just right. Mothers take care of kids better than the father esp. the father is a military. If the father takes the custody of the child he will just leave the child because of the nature of his work.

Posted by: Prahl Cardoza | Mar 21, 2013 12:12:51 AM

I also agree with the court's decision about the child custody because of the fathers work.

Posted by: Hayse Stowe | Apr 29, 2013 6:39:41 PM

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