Unlike a statute of limitations prohibiting a parent from filing a return petition after a year has expired, the “now settled” defense under Hague Convention on Civil Aspects of International Child Abduction merely permits courts to consider the interests of a child who has been in a new environment for more than a year before ordering that child to be returned to her country of habitual residency. As such, the one-year period associated with the “now settled” defense under Hague Convention on Civil Aspects of International Child Abduction was not subject to equitable tolling.
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