Citation

Garbolino JD. Fam. Court Rev. 2019; 57(2): 159-174.

Copyright

(Copyright © 2019, Association of Family and Conciliation Courts, Publisher John Wiley and Sons)

DOI

10.1111/fcre.12409

PMID

unavailable

Abstract

The issue of immigration status has become the focal point in some cases arising under the 1980 Hague Convention on Child Abduction. Asylum claims affect both substantive and procedural issues that are presented to state and federal courts. A nexus has developed between undocumented immigrants who are parties to a Hague case, and issues of habitual residence, acclimatization, and grave risk. Asylum claims have forced courts to consider the viability of such claims, requests for stay of Hague cases pending the outcome of asylum claims, the likelihood of deportation, and the effect of grants of asylum on the particular issues in the case. Where asylum has been granted to either a parent or child, substantial consideration has been given to the asylum determination by the court hearing the Hague case.

Language: en

Keywords

1980 Hague Convention; Asylum; Deportation; Habitual; Immigration; Settled; Stays