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Italy: Constitutional Court Declares Criminal Code Provision on Child Abduction Unconstitutional

(June 30, 2020) On May 29, 2020, the Italian Constitutional Court issued a decision declaring the unconstitutionality of a Criminal Code provision on the suspension of parental authority in cases of child abduction and child maintenance overseas. (Decision No. 102 of May 29, 2020.) Background of the Case At the request of the Supreme Court […]

United States: Supreme Court Clarifies Standard for Determining Child’s Country of Habitual Residence, Affirms Return of Child to Italy

(Mar. 5, 2020) The U.S. Supreme Court recently endorsed a “totality of the circumstances” test for determining a child’s habitual residence under the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The Court also held that a trial court’s determination of habitual residence is entitled to deferential appellate review and should […]

United States: Federal Appellate Court Orders That Siblings Wrongfully Removed to United States Be Returned to Panama

(Nov. 28, 2018) On November 20, 2018, the US Court of Appeals for the Eleventh Circuit ordered that two ten-year old siblings who were wrongfully removed by their mother to the United States four years ago be returned to Panama. (Fernandez v. Bailey, No. 16-16387 (11th Cir. 2018) (Fernandez 2018), US Court of Appeals for […]

Japan: Supreme Court Affirms Reversal of Order to Return Children with Dual Citizenship

(Jan. 12, 2018) On December 21, 2017, Japan’s Supreme Court affirmed a High Court decision that reversed a previous order for the mother of four children with dual Japan-US citizenship to return the children to their father in the United States. (Sup. Ct., Case No. 2017 (kyo) 9 (Dec. 21, 2017) (in Japanese; click characters […]

India: Decision Not to Sign Hague Treaty on Child Abduction

(Jan. 23, 2017) In a decision made by the Women and Child Development (WCD) Minister, Maneka Gandhi, and agreed to by the Ministry of External Affairs, the government of India has decided not to ratify the Hague Convention on Child Abduction. (Shalini Nair, India Will Not Ink Hague Treaty on Civil Aspects of Child Abduction, […]