Supreme Court Family Law Decision

March 5th, 2014

On December 11, 2013, this blog discussed Lozano v. Alvarez , an international family law case at the Supreme Court.  The Court issued its unanimous decision today.

The Court ruled that the Hague convention’s one-year requirement to file a claim is not equitably tolled (i.e.paused) even if the removing parent  has hidden the child from the non-removing parent.

The case does not decide which parent will get custody of the minor child – that is left to the trial court.  The decision does, however, mean that the mother who left England and moved to New York will be more likely to have her case heard in New York as opposed to England.  (Other provisions in the Hague treaty may suggest that England is the more appropriate forum.)

For additional insight on this decision, please read Scotusblog.

In any international custody case, be sure to speak to an experienced family law and Hague proficient attorney.