Asuncion Mota v. Rivera Castillo

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• concluding that two years residing in New York is not “nearly so great that we could presume that returning her to Mexico would expose her to the ‘severe harm’ one associates with child’s ‘deprivation of [her] acclimatized life’” (alteration in original
• noting that “passing reference” to issue insufficient to avoid forfeiture
• “[0]ur primary consideration in determining a child’s place of habitual residence is the shared intention of the child’s parents at the latest time that their intent was shared.”
• “[T]he Convention’s focus is simply upon whether a child should be returned to her country of habitual residence for custody proceedings.”
• “[T]he Convention’s focus is simply upon whether a child should be returned to [his] country of habitual residence for custody proceedings.”
• “The evidence in this case in no way suggests that returning [the Child] to Mexico would subject her to serious harm.”

Source: CourtListener parenthetical corpus (CC0).