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.
SCOTUSblog Coverage
- Opinion recap: Family law dispute not moot after child's return (Amy Howe, February 21, 2013)
- Argument report: Choosing between unpalatable outcomes? (Amy Howe, December 9, 2012)
- Argument preview: When mootness and international family law collide (Amy Howe, December 5, 2012)
- Court grants one new case (UPDATED) (Lyle Denniston, August 13, 2012)
Date | Proceedings and Orders |
---|---|
05/07/2012 | Petition for a writ of certiorari filed. (Response due June 8, 2012) |
06/08/2012 | Brief of respondent Lynne Hales Chafin in opposition filed. |
06/20/2012 | DISTRIBUTED for Conference of September 24, 2012. |
08/13/2012 | Petition GRANTED. |
09/14/2012 | SET FOR ARGUMENT ON Wednesday, December 5, 2012. |
09/26/2012 | Joint appendix filed. (Statement of costs filed) |
09/27/2012 | Brief of petitioner Jeffrey Lee Chafin filed. |
10/02/2012 | Record received from U.S.C.A. for 11th Circuit. (1 box) |
10/04/2012 | Brief amicus curiae of the United States filed. |
10/04/2012 | Proposal 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. |
10/04/2012 | Brief amicus curiae of National Center for Missing and Exploited Children filed. |
10/17/2012 | CIRCULATED. |
10/22/2012 | Record from U.S.D.C. for Northern District of Alabama is electronic. |
10/29/2012 | Brief of respondent Lynne Hales Chafin filed. (Distributed) |
10/29/2012 | Proposal 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. |
11/05/2012 | Brief amicus curiae of Centre for Family Law and Policy filed. (Distributed) |
11/05/2012 | Motion for divided argument filed by respondent Lynne Hales Chafin. |
11/05/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
11/09/2012 | Petitioner's opposition to motion of respondent for divided argument. |
11/20/2012 | Motion for divided argument filed by respondent DENIED. |
11/20/2012 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
11/21/2012 | Reply of petitioner Jeffrey Lee Chafin filed. (Distributed) |
11/29/2012 | Proposal of respondent to lodge copies of the Notice of Intention to Defend in the Sheriff Court of South Strathclyde, Dumfries & Galloway at Airdrie, Scotland. |
11/30/2012 | Lodging approved. Twenty copies of a decision by the Constitutional Court of Spain from the Solicitor General received and distributed. |
11/30/2012 | Respondent'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. |
12/04/2012 | Proposal 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. |
12/05/2012 | Argued. 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. |
01/23/2013 | Letter 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. |
02/19/2013 | Judgment 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. |
03/25/2013 | JUDGMENT ISSUED. |
04/09/2013 | Record 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.