United States Second Circuit

In an appeal from a district court order denying Lozano’s petition for Return of Child under the International Child Abduction Remedies Act, the denial is affirmed, where: 1) while the district courts retain discretion to order the return of a settled child to his or her country of habitual residency, the “now settled” defense available under Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction, is not subject to equitable tolling; 2) when deciding whether a child is settled under Article 12, his or her lack of legal immigration status is not dispositive, but is one of several factors district courts should consider; and 3) in this case, the district court did not err in finding that the child was settled in the United States, or in declining to order her to be returned to the United Kingdom for custody proceedings.

Appellate Information

• Decided 10/01/2012
• Published 10/01/2012

Judges

• KATZMANN

Court

• United States Second Circuit

Counsel