Search for: "Matter of Graves"
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7 Jun 2023, 8:54 pm
Kaye focused on one exception, HAC Article 13(1)(b), which gives courts discretion not to order a child’s return where there is a ‘grave risk’ that it would ‘expose the child to physical or psychological harm’. [read post]
6 Jun 2023, 1:48 pm
Determining the presence of an “attack” within the framework of international humanitarian law is a complex and nuanced matter. [read post]
6 Jun 2023, 9:59 am
The court also ruled that the terms “for traffic and transport-related matters” is unclear and ambiguous. [read post]
6 Jun 2023, 7:02 am
The government can only classify national security information that has been produced by or for the government and that relates to at least one of several enumerated subject-matter areas. [read post]
6 Jun 2023, 5:55 am
Ultimately, the degree to which any eventual treaty is gender competent will have enormous practical impacts for the victims of these grave crimes. [read post]
5 Jun 2023, 1:21 am
Hong Kong United Nations (UN) experts have expressed “grave concern” regarding the arrest, detention and multiple prosecutions against pro-democracy advocate and media owner, Jimmy Lai, and his newspaper which has now been shut down, Apply Daily. [read post]
31 May 2023, 12:06 am
(graves relocated). [read post]
30 May 2023, 6:43 am
The mother introduced affidavit testimony of domestic violence to buttress her “grave risk of harm” defense to the child’s return pursuant to Article 13(b) of the Convention. [read post]
29 May 2023, 5:19 am
It's a matter of math. [read post]
26 May 2023, 3:43 pm
One recent example of this is a case from the 9th Circuit Court of Appeals, which covers federal matters in California and several other western states. [read post]
26 May 2023, 1:24 pm
But the German Central Authority cited Section 155 of the Act on Proceedings in Family Matters and Matters of Non-Contentious Jurisdiction, which provides for handling of custody issues “in an expedited manner. [read post]
26 May 2023, 1:14 pm
The Court found that the existence of the German equivalent of child protective services, jugendamt, was supported by the evidence of record and was also an appropriate matter for judicial notice. [read post]
26 May 2023, 1:13 pm
“ ‘[W]hether a child is of sufficient age and maturity is a fact-intensive process,’ and the Fifth Circuit has ‘declined to hold, as a matter of law, that any particular age is sufficient of insufficient to meet the defense. [read post]
26 May 2023, 1:02 pm
Respondent invoked only Article 13’s “grave risk of harm” exception. [read post]
26 May 2023, 1:01 pm
The Supreme Court’s June 2022 decision held that the Second Circuit could not require district courts to consider ameliorative measures after a grave risk finding, but that district courts could do so as a matter of discretion. [read post]
26 May 2023, 1:00 pm
In Royal Borough of Kensington and Chelsea v Bafna-Louis, 2023 WL 2387385 (S.D.N.Y., 2023) the Royal Borough of Kensington and Chelsea (the “RBKC”) brought a petition for the return of CBL and Baby L to the United Kingdom pursuant to the Hague Convention. [read post]
26 May 2023, 7:06 am
This arrest is a tangible demonstration that this commitment does not fade and that justice will be done, no matter how long it takes. [read post]
25 May 2023, 10:14 am
As a preliminary matter, the Court will consider all of the papers it has received for purposes of these motions without regard to whether all parts of them would be admissible on summary judgment or at trial. [read post]
25 May 2023, 7:35 am
In most drug possession cases, the amount of the drug you possess matters considerably. [read post]
24 May 2023, 4:16 pm
That’s because “it is the availability of a remedy that matters, not predictions of the likelihood of a win on the merits. [read post]
