Children, who were not parties to a proceeding under ICARA, had standing to appeal an order that they be returned to their mother in Mexico, where the children’s attorney played an active role in the proceeding, submitting briefs and evidence and arguing issues before the court, other parties, including the foster agency with physical custody of the children and the government, did not meaningfully represent the children’s interests, and absent allowance of an appeal, a court would not be able to consider arguments that the children would be adversely affected by the ruling.
http://www.ca5.uscourts.gov/opinions%5Cpub%5C12/12-50783-CV2.pdf
Laura W. Morgan is the owner and operator at Family Law Consulting in Charlottesville, Virginia.Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com
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