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Actually Exercising

Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies

September 16, 2021

On September 15, 2021, the Ninth Circuit Court of Appeals vacated and remanded in the matter of In re ICJ, concluding the District Court erred in denying Mr. Jones' petition for return of his child to France under the Hague Abduction Convention. To expedite the case, the parties agreed, in a … Read More about Case Update (2021): In re ICJ; vacate & remand; actually exercising; grave risk and alternative remedies

Category iconabduction,  Actually Exercising,  ameliorative measures,  Child Abduction,  covid-19,  Grave Risk,  Hague Abduction Convention,  pandemic,  undertakings

Case Update (2021): in re matter of ICJ; not actually exercising rights of custody

April 22, 2021

On January 28, 2021, the U.S. District Court for the Eastern District of Washington denied a Father's request to return his child to France using the Hague Abduction Convention in the case of In Re Matter of ICJ (Jones v. Fairfield).  The Father (Mr. Jones) has already appealed.While the trial … Read More about Case Update (2021): in re matter of ICJ; not actually exercising rights of custody

Category iconActually Exercising,  Child Abduction,  coronavirus,  covid-19,  Hague Abduction Convention,  Right of Custody

Case Update (2020): Lopez v. Bamaca; “Actually Exercising” custody rights in the 1980 Convention

April 22, 2021

In the U.S. District Court for the District of Delaware case of Lopez v. Bamaca, decided on April 20, 2020 (C.A. No. 19-1001-LPS), the Court analyzed a Left Behind Parent's exercise of their parental rights over a child that was wrongfully removed from their habitual residence. The 1980 Hague … Read More about Case Update (2020): Lopez v. Bamaca; “Actually Exercising” custody rights in the 1980 Convention

Category icon1980 Convention,  Abandonment,  Actually Exercising,  Burden,  Case Update,  Child Abduction,  Right of Custody

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