Thursday, March 6, 2014

International Moves With Kids - New U.S. Supreme Court

Yesterday, on March 5, 2014, the United States Supreme Court issued an opinion In Lozano v. Montoya Alvarez, Docket Number 12-820.  A copy of the opinion can be found here.  The parties in this case had a daughter together and lived together in the United Kingdom until November 2008, when the mom and child went to a women's shelter.  In July 2009, the mother (Alvarez) and the child moved to New York.  Lozano didn't find them until November 2010, and then he filed a Petition for Return of Child (to the UK) pursuant to the Hague Convention on the Civil Aspects of International Child Abduction.  The Hague Convention provides that if such a petition is filed within one hear of the move, the court has to order the return of the child.  If it's been more than a year, the court is supposed to order the return of the child unless the child is "settled in its new environment."  Here, the court found that it had been more than a year and the child was settled.  Basically, end of story.