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8 Dec 2018, 5:55 am
§ 9003(e)(2) of ICARA provides as follows: (e) Burdens of proof ... (2) In ... an action for the return of a child, a respondent who opposes the return of the child has the burden of establishing--(A) by clear and convincing evidence that one of the exceptions set forth in article 13b or 20 of the Convention applies; and (B) by a preponderance of the evidence that any other exception set forth in article 12 or 13 of the Convention applies. [read post]
13 Apr 2015, 7:40 am
Darin, 746 F.3d at 11. [read post]
8 Feb 2022, 5:14 am
Miller, 240 F.3d 392, 402 (4th Cir. 2001) (stating burden of proof). [read post]
5 Mar 2010, 11:54 am
Law Lessons from LISA MICCINILLI (f/n/a COLLINS) V. [read post]
19 Jul 2017, 8:53 am
Cherry, 330 F.3d 658, 669 (U.S. [read post]
7 Oct 2015, 3:28 am
The controlling burden of proof at a suppression hearing is proof by a preponderance of the evidence. [read post]
23 Jul 2015, 7:42 am
G.S. 7B-804, -1109(f). [read post]
20 Dec 2016, 10:43 am
Lynch, 828 F.3d 1012 (9th CIR. 2016).U.S. [read post]
17 Sep 2018, 4:35 am
Corp., 952 F.2d 802, 812 (4th Cir. 1991) (noting that the Plaintiff “bears the burden of establishing that each of these factors supports granting the injunction” (quoting Technical Publishing Co. v. [read post]
30 Jan 2015, 1:29 pm
See 569 F.3d at 556. [read post]
20 Jun 2019, 8:05 am
Silverman, 338 F.3d 886, 897 (8th Cir. 2003). [read post]
24 Nov 2023, 11:24 am
Daunis, 222 F. [read post]
18 Aug 2014, 5:26 am
Elliott, 50 F.3d 180 (U.S. [read post]
18 Dec 2019, 9:51 pm
Simcox, 511 F.3d 594, 604 (6th Cir. 2007)).Importantly, the respondent ‘must show that the risk to the child is grave, not merely serious. [read post]
16 May 2018, 7:41 am
Tellez, 848 F.3d 669 (5th Cir. 2017); Nunez–Escudero, 58 F.3d 374 (8th Cir. 1995). [read post]
18 Nov 2013, 9:05 am
It is the burden of the moving party to establish the change in circumstance warranting the modification. [read post]
13 Jun 2019, 6:32 am
She failed to show that she acted in good faith or that any financial burden would harm the child. [read post]
9 Jul 2014, 12:39 pm
It’s a big burden of proof for the District Attorney’s Office. [read post]
24 Jun 2013, 4:20 am
Christie, __ F.3d __, 2013 WL 2477252 (U.S. [read post]
27 Aug 2014, 6:03 am
The defendant bears the burden of proving a private party acted as a state agent. [read post]
