Chafin v. Chafin

Chafin v. Chafin, 568 U.S. 165 (2013), was a United States Supreme Court case in which the Court held the appeal of a district court's decision to return a child to his country of residence is not precluded by the child's departure from the United States. It arose from the divorce proceedings of Mr. and Ms. Chafin; she wanted their daughter to live with her in Scotland, while he wanted her to remain in the United States with him.

Chafin v. Chafin
Supreme Court of the United States
Argued December 5, 2012
Decided February 19, 2013
Full case nameJeffrey Lee Chafin v. Lynne Hales Chafin
Docket no.11-1347
Citations568 U.S. 165 (more)
133 S. Ct. 1017; 185 L. Ed. 2d 1
ArgumentOral argument
Opinion announcementOpinion announcement
DecisionOpinion
Case history
PriorChafin v. Chafin, No. 11-15355-CC, 2012 WL 9083825 (11th Cir. Feb. 6, 2012); cert. granted, 567 U.S. 960 (2012).
SubsequentChafin v. Chafin, No. 11-15355-CC, 742 F.3d 934 (11th Cir. Dec. 18, 2013)
Questions presented
Whether an appeal of a district court order under the Hague Convention on the Civil Aspects of International Child Abduction, providing for return of a child to the country of the child’s habitual residence, becomes moot if the child is returned pending appeal.
Holding
The appeal of a district court's decision to return a child to his country of residence is not precluded by the child's departure from the United States.
Court membership
Chief Justice
John Roberts
Associate Justices
Antonin Scalia · Anthony Kennedy
Clarence Thomas · Ruth Bader Ginsburg
Stephen Breyer · Samuel Alito
Sonia Sotomayor · Elena Kagan
Case opinions
MajorityRoberts, joined by unanimous
ConcurrenceGinsburg, joined by Scalia, Breyer
Laws applied
International Child Abduction Remedies Act
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