2013 Past Headlines

IU McKinney Professor Previews U.S. Supreme Court Case in Huffington Post

11/27/2013

Margaret RyznarIU McKinney Professor Margaret Ryznar outlines the case Lozano v. Alvarez, slated for argument in the United States Supreme Court on December 11 in a blog post she contributed to the Huffington Post. She notes that this makes the second consecutive year the high court is considering a case centered on the Hague Convention on the Civil Aspects of International Child Abduction.

During its last term, the court decided Chafin v. Chafin, 133 S.Ct. 1017 (2013), holding that the jurisdiction of American appellate courts does not end when the child has been returned to another country, Professor Ryznar wrote.

In the current case, Lozano considers one of the exceptions to the return of the child under the Hague Convention. Professor Ryznar describes the case this way: Article 12 of the Civil Aspects of International Child Abduction provides an exception if the petition to return of the child is filed more than one year after the child’s removal and evidence demonstrates that the child is so settled in his/her new home that returning the child would not be in his/her best interests. The question is whether a court may suspend the one-year filing period when the abducting parent has concealed the whereabouts of the child.

Professor Ryznar joined the faculty in fall 2012, and teaches family law; international and comparative family law; juvenile law; income taxation of individuals, fiduciaries and business associations; and trusts and estates. In addition to contributing to the Huffington Post, she edits the Family Law Prof Blog.


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