Families Across Borders | law, policy, news and views
Preview 2013: Chafin v. Chafin
The United States Supreme Court is expected to rule this spring on Chafin v. Chafin, a case under the Hague Child Abduction Convention that was argued on December 5. Previous posts are here and here.
Hague Abduction Arguments in Supreme Court
This week marked the second appearance of the Hague Child Abduction Convention in the U.S. Supreme Court, with the oral arguments in Chafin v. Chafin (see my previous post here). The argument was covered by Adam Liptak for the New York Times, “Custody Case in Scotland Goes Before U.S. Justices” (Dec. 6, 2012), and Robert Barnes [...]
New Supreme Court Term
The U.S. Supreme Court begins its new Term today with a Hague Child Abduction case on the docket, set for argument on Wednesday, December 5, 2012. Chafin v. Chafin (#11-1347) will address a Circuit-split question regarding whether the return of a child to the habitual residence moots an appeal in the case. Here is the link to the question [...]
Supreme Court Takes New Hague Abduction Case
The U.S. Supreme Court has granted certiorari in Chafin v. Chafin, docket number 11-01347, to address a circuit split as to whether an order returning a child under the Hague Abduction Convention renders an appeal of that order moot. Chafin comes from the Eleventh Circuit, which treats such appeals as moot, see Bekier v. Bekier, 248 [...]
Flores-Villar: Divided Court Affirms Ninth Circuit
The Supreme Court issued a per curiam opinion this week in Flores-Villar v. United States, a case that raised the issue once again of distinctions in the citizenship rights of children born abroad to unmarried U.S. citizen-mothers and those born to unmarried U.S.-citizen fathers. Noting that Justice Kagan did not take part in the consideration or [...]
Cert Petition on Habitual Residence Issue
Citing the emerging split within the U.S. Court of Appeals on the test for determination of habitual residence, lawyers have filed a petition for certiorari in the Supreme Court in Heydt-Benjamin v. Heydt-Benjamin. The case was decided by the Second Circuit in an unpublished decision in December 2010 (available at 2010 WL 5294639). The court cited [...]
Oral Argument in Flores-Villar
The Supreme Court heard oral argument today in Flores-Villar v. United States, a case that considers the citizenship rights of children born overseas with one U.S.-citizen parent. Under the current statutes, when the U.S.-citizen parent is the child’s father, that parent must have been physically present in the United States for at least five years prior [...]
Supreme Court Term Begins Today
As the Supreme Court begins its 2011 term, its docket includes Flores-Villar v. United States, docket no. 09-5801, a case challenging citizenship laws that distinguish between the nonmarital children of U.S. citizen fathers and mothers. In addition to the briefs of the parties, amicus briefs have been filed by groups including the American Civil Liberties Union, the National [...]
Global Families in the ABA Journal
Here’s an article by G.M. Filisko in this month’s ABA Journal touching on international divorce, the Hague Children’s Conventions, and the Supreme Court’s decision in Abbott: “When Global Families Fail.”
Commentary on the Abbott Decision
Blogposts on the Supreme Court’s ruling in Abbott last week: Charels Kotuby (ConflictofLaws.net): “Abbott v. Abbott: A Ne Exeat Right is a ‘Right of Custody’ Under the Hague Abduction Convention.” Duncan Hollis (Opinio Juris): “The Supreme Court takes treaty interpretation seriously.” Anna Christensen (SCOTUS Blog): “Court holds that ne exeat rights are enforceable “rights of custody” [...]
