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10 Dec 2023, 1:51 pm by Joel R. Brandes
Goun, 54 F.4th 1042, 1048 (8th Cir. 2022) (child’s preference or generalized desire to remain in United States is insufficient, as child’s testimony must include particularized objections to returning to former country). [read post]
19 Apr 2019, 5:39 am by Joel R. Brandes
Mass. 1994) (finding habitual residence established in the United States after parents decided to relocate and mother later decided not to join the child and father in the United States). [read post]
20 Jun 2018, 9:01 pm by Marci A. Hamilton
The reason the law is weak in this arena is that the United States remains the only country in the world not to ratify the UN Convention on the Rights of the Child. [read post]
20 Jun 2019, 8:05 am by Joel R. Brandes
Petitioner and the Child came to the United States to visit Respondent in August 2018. [read post]
22 Dec 2019, 9:30 pm by Mitra Sharafi
The United States Supreme Court has endorsed this approach. [read post]
24 Jul 2013, 6:08 am by Joel R. Brandes
Varillas appealed the determination that his youngest child, JV, was well settled in the United States, such that JV's return to Mexico was not required under Article 12 of the Hague Convention. [read post]
22 Apr 2021, 5:39 am by Joel R. Brandes
United States, 424 U.S. 800, 813–14 (1976), on grounds that Antoine’s suit duplicated his ongoing state court litigation. [read post]
18 Nov 2011, 11:34 am by Joel R. Brandes
Petitioner claimed that Respondent wrongfully removed their two-year old son, Mateo Robinson Tucker, from his habitual residence of Belize and was wrongfully retaining the child in the United States, without his consent and in violation of his custody rights over the child. [read post]
18 Nov 2011, 11:34 am by Joel R. Brandes
Petitioner claimed that Respondent wrongfully removed their two-year old son, Mateo Robinson Tucker, from his habitual residence of Belize and was wrongfully retaining the child in the United States, without his consent and in violation of his custody rights over the child. [read post]
10 Oct 2016, 6:02 am by Joel R. Brandes
He requested, inter alia, that a Warrant of Arrest issue to bring the child and the Respondent into Court and that the Court order the child to be delivered immediately to the Petitioner in the United States so that the child may be transported to La Luz, Michoacan, Mexico. [read post]