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Circuit Clarifies Parent Defense Under the Child Abduction Law
The one-year period that must expire before a parent in an international custody dispute can raise the defense that a child is settled in his or her new country cannot be equitably tolled, the Second U.S. Circuit Court of Appeals ruled on Oct. 1.
Addressing an issue of first impression, the Second Circuit held that equitable tolling does not apply to the one-year period for the “now-settled” defense set forth in Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction. Resolving a second novel issue, the circuit also held that, in making the determination that a child is “now-settled” and should remain where she is, a district court “need not give controlling weight to a child's immigration status.”
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