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Chafin v. Chafin

Docket No. Op. Below Argument Opinion Vote Author Term
11-1347 11th Cir. Dec 5, 2012 Feb 19, 2013 9-0 Roberts OT 2012

Holding: The return of a child to a foreign country pursuant to an order under the Hague Convention on the Civil Aspects of International Child Abduction does not render an appeal of that order moot.

Judgment: Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on February 19, 2013. Justice Ginsburg filed a concurring opinion in which Justice Scalia and Justice Breyer joined.

DateProceedings and Orders (key to color coding)
05/07/2012Petition for a writ of certiorari filed. (Response due June 8, 2012)
06/08/2012Brief of respondent Lynne Hales Chafin in opposition filed.
06/20/2012DISTRIBUTED for Conference of September 24, 2012.
08/13/2012Petition GRANTED.
09/14/2012SET FOR ARGUMENT ON Wednesday, December 5, 2012.
09/26/2012Joint appendix filed. (Statement of costs filed)
09/27/2012Brief of petitioner Jeffrey Lee Chafin filed.
10/02/2012Record received from U.S.C.A. for 11th Circuit. (1 box)
10/04/2012Brief amicus curiae of the United States filed.
10/04/2012Proposal of the Solicitor General to lodge copies of a decision by the Constitutional Court of Spain, translated, which is cited to in their amicus curiae brief.
10/04/2012Brief amicus curiae of National Center for Missing and Exploited Children filed.
10/17/2012CIRCULATED.
10/22/2012Record from U.S.D.C. for Northern District of Alabama is electronic.
10/29/2012Brief of respondent Lynne Hales Chafin filed. (Distributed)
10/29/2012Proposal of respondent to lodge copies of documents from the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland, which are cited to in her brief, petitioner's and the brief of the United States.
11/05/2012Brief amicus curiae of Centre for Family Law and Policy filed. (Distributed)
11/05/2012Motion for divided argument filed by respondent Lynne Hales Chafin.
11/05/2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
11/09/2012Petitioner's opposition to motion of respondent for divided argument.
11/20/2012Motion for divided argument filed by respondent DENIED.
11/20/2012Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
11/21/2012Reply of petitioner Jeffrey Lee Chafin filed. (Distributed)
11/29/2012Proposal of respondent to lodge copies of the Notice of Intention to Defend in the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland.
11/30/2012Lodging approved. Twenty copies of a decision by the Constitutional Court of Spain from the Solicitor General received and distributed.
11/30/2012Respondent's lodging proposals approved. Twenty copies each of documents from the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland, and of the Notice of Intention to Defend in the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland.
12/04/2012Proposal to lodge copies of proceedings, in the Larbie v. Larbie case before the High Court of Justice Family Division, pursuant to a request of the UKCA under the Hague Convention on the Civil Aspects of International child Abduction filed.
12/05/2012Argued. For petitioner: Michael E. Manely, Marietta, Ga.; and Nicole A. Saharsky, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Stephen J. Cullen, Washington, D. C.
01/23/2013Letter and copy of the judgment issued by the English High Court of Justice Family Division in Larbie v. Larbie counsel for the respondent received and distributed.
02/19/2013Judgment VACATED and case REMANDED. Roberts, C. J., delivered the opinion for a unanimous Court. Ginsburg, J., filed a concurring opinion, in which Scalia and Breyer, JJ., joined.
03/25/2013JUDGMENT ISSUED.
04/09/2013Record returned to U.S.C.A. for 11th Circuit.

Holding: The return of a child to a foreign country pursuant to an order under the Hague Convention on the Civil Aspects of International Child Abduction does not render an appeal of that order moot.

 

Judgment:”Vacated and remanded, 9-0, in an opinion by Chief Justice Roberts on February 19, 2013. Justice Ginsburg filed a concurring opinion in which Justice Scalia and Justice Breyer joined.