Child’s illegal immigration status in the abducted-to country did not bar finding that the child was now settled, pursuant to the Hague Convention on Civil Aspects of International Child Abduction, as implemented through the International Child Abduction Remedies Act (ICARA), and thus, should not be returned to the country of habitual residency; child’s immigration status was only one of many factors the court could consider in deciding if the now settled defense applied, and the weight to be ascribed to the child’s immigration status varied depending on the circumstances of the case.
Laura Morgan is a Family Law Consultant. 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