In Re: Application of Ariel Adan Elena Esther Avans

How courts have described this case

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

• concluding that to preserve an issue, the party must “present substantive argument in support of [the] claim,” (internal quotation marks omitted)
• remanding to the district court for proof of custody rights under Argentine law and noting that the District Court has the discretion to make an Article 15 request which “would be very helpful in properly determining the wrongfulness” of the removal
• standard is the same for clear and convincing findings as for all other issues under the act
• \A wrongful removal may nonetheless be justified if one of the following exceptions applies ....\
• “Rule 10(e)(2) allows amendment of the record on appeal only to correct inadvertent omissions, not to introduce new evidence.”
• the determination of habitual residence is not formulaic; rather it is a fact-intensive determination that varies with the circumstances of each case

Source: CourtListener parenthetical corpus (CC0).