October 19, 2012 (Press-News.org) U.S. Supreme Court Agrees to Review International Custody Case
Disputes over child custody can have a significant impact on children as well as their parents, even when the case is resolved based on a negotiated solution by a couple who will live near each other after divorce. When a family court must resolve an international child custody dispute based on one parent's overseas relocation due to a job opportunity or other circumstances, the case can lead to complex legal issues and protracted appeals.
The United States Supreme Court recently decided to review a case involving the fate of the daughter of an American father and a Scottish mother. The mother had met and married the father while he was stationed in Germany with the U.S. Army, lived alone with the child in Scotland while he was deployed in Afghanistan, and later moved with him to Alabama.
In 2010, the father filed for divorce, based in part on allegations that his wife had threatened to take his daughter out of the country and not allow him to see her. Later that year and before the divorce was resolved, the mother was deported from the U.S. due to an expired visa discovered when she was arrested for a domestic violence incident involving intoxication and allegations that she threatened her husband with a knife.
Soon after she was deported, the mother filed an action in U.S. District Court to have her daughter returned to Scotland pursuant to The Hague Convention and International Child Abduction Act and the International Child Abduction Remedies Act. The court determined that Scotland was the girl's habitual residence and allowed the mother to take her out of the country.
The father appealed to the U.S. Court of Appeals, but his appeal was dismissed as moot because the child had already returned to Scotland. The father appealed this decision to the U.S. Supreme Court, and the Supreme Court has agreed to resolve a split among U.S Circuits on the issue of whether a child's return to a country of habitual residence makes further legal proceedings moot.
In essence, the mother's maneuvers in this case effectively eliminated the father's future options for legal recourse, despite the fact that the girl had lived with him exclusively for nearly a year after the mother's deportation and his unaltered legal and physical custody rights regarding his daughter. Family law attorneys across the country who handle international custody disputes will await the U.S. Supreme Court's holding in this case with keen interest.
Article provided by DuBois Cary Law Group, PLLC
Visit us at www.duboislaw.net/
U.S. Supreme Court Agrees to Review International Custody Case
The United States Supreme Court recently decided to review an international custody case involving the fate of the daughter of an American father and a Scottish mother.
2012-10-19
ELSE PRESS RELEASES FROM THIS DATE:
Know Your Rights When Going Back To Work Off of Workers' Compensation
2012-10-19
Know Your Rights When Going Back To Work Off of Workers' Compensation
When you are injured on the job, you have a right to workers' compensation benefits while you recover. But just when are you ready to return to work?
Sometimes, the workers' comp insurance company's doctor has a different opinion from your treating physician about when you can come back to your job. Knowing more about the process and what you will face can help ensure you are not being forced back into work before you are truly ready.
Employers or Their Workers' Comp Insurers May Challenge Your ...
Report Suggests a New Look at Student Loan Bankruptcy Relief
2012-10-19
Finding smart solutions to the America's student debt problem occurs on two levels: exploring individual solutions to stop creditor harassment and get a handle on repayment options, and forging societal changes to bankruptcy provisions and other laws to restore American's cumulative debt load to a sustainable level. A recent report released jointly by the Consumer Financial Protection Bureau (CFPB) and the U.S. Department of Education suggests that Congress should revisit U.S. law to better allow Americans to restructure student loan debt via the bankruptcy process.
The ...
New Law May Keep Rental Companies From Renting Dangerous Cars
2012-10-19
It all began with a horrible accident in 2004. Two sisters rented a Chrysler PT Cruiser from Enterprise Rental Car Company and were driving it on the highway when it suddenly caught fire leading to a crash with an oncoming commercial truck. Unfortunately, both sisters were killed in the auto accident.
One of the more frustrating aspects of this accident is the fact that it was avoidable. The vehicle that was rented to the sisters was under a safety recall for a potential fire hazard. Had Enterprise rented the sisters another vehicle, the accident may never have happened. ...
New York City Council to NYPD: Do More to Investigate Accidents
2012-10-19
It is no secret that motor vehicle accidents are a huge problem in New York City. All you have to do is open the morning paper or turn on the evening news to be confronted with a seemingly endless stream of stories about pedestrians, bicyclists and motorists who were seriously injured after being hit by a car.
Unfortunately, the New York Police Department rarely launches full investigations into these crashes. Limited funding means that there are only 19 officers on the NYPD's citywide Accident Investigation Squad. These investigators are called in only when an accident ...
Divorcing Spouses Have Options for What Happens to the Family Home
2012-10-19
Divorce is a stressful, emotional time for families. The process can be especially trying when spouses discuss how to divide the last physical representation of their marriage -- the family home. Fortunately, divorcing spouses have several options for how to deal with the house that can ease the transition from married to divorced life.
Option One: Keep the Home
Spouses may find that the easiest solution is for one of them to keep the family home. This may be a good option if the housing market is depressed and the home is underwater, meaning selling the home would ...
Distracted Driving...It's Probably Not Going To Get Better Soon
2012-10-19
We have all done it. Glancing at a radio dial, changing songs on an iPod, zooming in on a GPS, and doing anything with our smart phone...it was only a momentary glance, we tell ourselves, and nothing bad happened.
The problem, however, is that you happen to do this while you are driving. At 70 mph. Let's do the math, in glancing at anything, for three seconds at 70 mph, means you have traveled 308 feet, or the distance of one football field.
If you are texting, it's even worse. A study by Virginia Tech Transportation Institute found that "the risk of crash or ...
Importance of Underinsured and Uninsured Motorist Coverage in Georgia
2012-10-19
A recent change in Georgia law allows those carrying car insurance to better protect themselves from uninsured and underinsured drivers. Unfortunately, in this difficult economy the Insurance Information Institute estimates that almost 14 percent of drivers on our nation's roads are not insured. As a result, expanding insurance coverage to include accidents with uninsured or underinsured drivers may be more important than ever before.
Although a basic auto insurance policy generally covers the cost of repairs and any injuries passengers may receive it may not be enough ...
Pride Shouldn't Stand in the Way of Seeking Bankruptcy Protection
2012-10-19
Almost every day we are continually bombarded by the media regarding the current state of the economy. For example, we can hardly turn around without being reminded about just how bleak the economy is in the United States - with news sources reporting record job loss and record high home foreclosure rates.
Unfortunately, New Jersey families are not immune from this historical economic downturn often dubbed the "Great Recession." Many of the families suffering financial hardships - such as a job loss, unexpected medical bills or severely underwater homes - have ...
Provost Umphrey Law Firm Volunteers "Lace Up to Save Lives" at Cancer Awareness Run
2012-10-19
Displaying extraordinary community spirit and commitment to the fight against cancer, Provost Umphrey Law Firm staff members braved rainy weather conditions to take part in the "Gift of Life's" 2nd Annual Julie Richardson Procter 5K Ribbon Run/Walk, helping to raise critical awareness of breast, ovarian and other gynecological cancers.
Nearly 30 Provost employees "laced up to save lives" and joined nearly 2,000 Southeast Texans in the Run/Walk. Equipped with pom-poms, clappers and specially-made signs, an additional Provost volunteer team hosted ...
State Drags Feet on DWI Prosecution; Wilmington DWI Defense Lawyer Ryan Stump Gets Charges Dropped
2012-10-19
A North Carolina driver facing a DWI charge, four months in prison, a one-year-license suspension and the costs and hassles associated with an ignition interlock device had the drunk driving charges dismissed at a pre-trial hearing. Wilmington DWI defense attorney Ryan Stump persuaded the judge that the State's inability to move forward with the case was reason to drop the DWI charge.
In North Carolina v. S.T., our client had allegedly backed into a fence. His actions were observed by police who then stopped him on suspicion of impaired driving. He was subsequently arrested ...
LAST 30 PRESS RELEASES:
New data on atmosphere from Earth to the edge of space
Self-destructing vaccine offers enhanced protection against tuberculosis in monkeys
Feeding your good gut bacteria through fiber in diet may boost body against infections
Sustainable building components create a good indoor climate
High levels of disordered eating among young people linked to brain differences
Hydrogen peroxide and the mystery of fruit ripening: ‘Signal messengers’ in plants
T cells’ capability to fully prevent acute viral infections opens new avenues for vaccine development
Study suggests that magma composition drives volcanic tremor
Sea surface temperatures and deeper water temperatures reached a new record high in 2024
Connecting through culture: Understanding its relevance in intercultural lingua franca communication
Men more than three times as likely to die from a brain injury, new US study shows
Tongue cancer organoids reveal secrets of chemotherapy resistance
Applications, limitations, and prospects of different muscle atrophy models in sarcopenia and cachexia research
FIFAWC: A dataset with detailed annotation and rich semantics for group activity recognition
Transfer learning-enhanced physics-informed neural network (TLE-PINN): A breakthrough in melt pool prediction for laser melting
Holistic integrative medicine declaration
Hidden transport pathways in graphene confirmed, paving the way for next-generation device innovation
New Neurology® Open Access journal announced
Gaza: 64,000 deaths due to violence between October 2023 and June 2024, analysis suggests
Study by Sylvester, collaborators highlights global trends in risk factors linked to lung cancer deaths
Oil extraction might have triggered small earthquakes in Surrey
Launch of world’s most significant protein study set to usher in new understanding for medicine
New study from Chapman University reveals rapid return of water from ground to atmosphere through plants
World's darkest and clearest skies at risk from industrial megaproject
UC Irvine-led discovery of new skeletal tissue advances regenerative medicine potential
Pulse oximeters infrequently tested by manufacturers on diverse sets of subjects
Press Registration is open for the 2025 AAN Annual Meeting
New book connects eugenics to Big Tech
Electrifying your workout can boost muscles mass, strength, UTEP study finds
Renewed grant will continue UTIA’s integrated pest management program
[Press-News.org] U.S. Supreme Court Agrees to Review International Custody CaseThe United States Supreme Court recently decided to review an international custody case involving the fate of the daughter of an American father and a Scottish mother.