Chief Justice Roberts delivered the opinion of a unanimous Supreme Court of the United States this week in the case of Chafin v. Chafin. In that case, the Petitioner was a U.S. citizen and member of the armed forces, and the Respondent was a citizen of the U.K., living in Germany, where the parties later had a child. During the Petitioner’s deployment in Afghanistan, the Respondent moved with the child to Scotland. When the Petitioner was later transferred to Alabama, the Respondent traveled there with the child, and soon after the Petitioner filed for divorce and custody of the child in that state. The Respondent was subsequently deported, at which point the minor child stayed with the Petitioner. Several months later, however, the Respondent filed a petition under the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act seeking the child’s return to Scotland. The District Court for the Northern District of Alabama ordered the child’s return to Scotland, and the Respondent immediately took the child to that country and initiated child custody proceedings in that jurisdiction. Scotland granted interim custody and an injunction against removal of the child prohibiting the Petitioner from removing the child from Scotland. While Petitioner appealed the District Court’s return order to the Eleventh Circuit Court of Appeals, that Court ruled that the appeal was moot in that U.S. Courts lack authority to act once a child has been returned to a foreign country, and dismissed the appeal. SCOTUS reversed this week, however, and found that the return of a child to a foreign country under the Hague Convention does not render an appeal of that return order moot.
Use the largest online attorney directory to quickly find detailed profiles of Florida lawyers and law firms in your area.
Đăng ký:
Đăng Nhận xét (Atom)
Bài đăng phổ biến
-
That old W.C. Fields line is ringing in my head, as the wind kicks up and rip tides batter the coast. I have to be honest, with the emerging...
-
Now that's a headline I thought I'd never write. Actually, it's a very unfortunate case involving a tourist who died riding a Ba...
-
Many of us have hired these guys as experts over the years, and I see the firm is merging and changing its name : South Florida's eight...
-
Federal Rule Violation If you have been charged with USCA0024 FEDERAL RULE VIOLATION you can call a Defense Attorney Tampa at 1-877-793-9290...
-
Sheesh, does anyone have any news of any interest? Does it count that I saw Ervin rockin' some hard-core aviators outside the courthous...
-
That's the lede in this solid article on South Florida lawyers starting to make deals again, by the always intrepid Julie Kay: Jim Meye...
-
Aggravated Stalking Felony If you have been charged with ASSA6001 AGGRAVATED STALKING you can c all a Defense Attorney Tampa at 1-877-793-92...
-
Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Spencer Aronfeld Gin Gibsons sexy Israelis Hitler Alfred E. Neumann windsurfing Bo Derek ...
-
Several in-the-know readers have passed along an incendiary anonymous memo making the rounds among administrators and trustees regarding fin...
-
Boy, this is the story that keeps on giving. I really love the way Carvalho has handled the whole emails to his lover thing, because it s...
Không có nhận xét nào:
Đăng nhận xét