Case Update (2020): Re: JCC v. LC; Hague Abduction return, high burden for proving a grave risk, no testimony by mature child
The U.S. District Court for the District of New Jersey ordered 2 children returned to El Salvador on October 30, 2020 in the case of Re: JCC v. LC (Civil Action No. 19-21889). There are a few interesting statements by the court worth mentioning in a blog post. First, the Court, at no point, cites to Monasky when elaborating on its conclusion that El Salvador was the children's habitual residence. The Court specifically said it applied the Third Circuit's definition of habitual residence, without elaborating on the standard. It did provide reference to some facts, including the children's typical residence, the existing El Salvador custody order, the return airline ticket, and the parents' intentions, so in many regards, this has the indicia of a totality-of-the-circumstances analysis, nonetheless. Second, the court rejected the Respondent Mother's contention that the Father was abusive and it would be a grave risk to return the children. In weighing the e...