Lozano v. Alvarez
Holding
The Hague Convention on the Civil Aspects of International Child Abduction creates a near-automatic return remedy for children who have been abducted to another country. To invoke that return remedy, the parent seeking the child"s return must file a petition seeking the return within one year of the child"s abduction. After one year has passed, the Convention still directs the court to order the child"s return, "unless it is demonstrated that the child is settled in its new environment." The Court holds that the one-year period may not be equitably tolled, even if the abducting parent has concealed the child"s whereabouts until after the one-year period has passed.
Judgment
Affirmed, 9-0, in an opinion by Clarence Thomas on Mar 5, 2014. Justice Alito filed a concurring opinion, in which Justices Breyer and Sotomayor joined.
Issue: Whether a district court considering a petition under the Hague Convention on the Civil Aspects of International Child Abduction for the return of an abducted child may equitably toll the running of the one-year filing period when the abducting parent has concealed the whereabouts of the child from the left-behind parent.
Recommended Citation: Lozano v. Alvarez, SCOTUSblog, https://www.scotusblog.com/cases/lozano-v-alvarez/