Document Type
Essay
Publication Title
Emory Int'l L. Rev. Recent Dev.
Publication Date
1-1-2015
Abstract
The Hague Convention on the Civil Aspects of International Child Abduction was enacted for the protection of children as well as the deterrence of international forum shopping in custody disputes. If returning children to their home nation would pose a grave risk to their safety, it is acceptable for them to remain with the abducting parent until courts make an official custody determination. A circuit split currently exists on the affirmative defense of grave risk of harm. Some courts end their analysis once a grave risk of harm is proven. Others, such as the Eighth Circuit in Acosta v. Acosta, take the further step of assessing whether the home nation would take measures to protect the children if they were returned. In this casenote, Liz Lafoe provides an analysis of this split through an examination of Acosta.
Volume
29
First Page
2113
Recommended Citation
Liz LaFoe,
Save the Children: The Eighth Circuit Correctly Applies the Grave Risk Defense in Acosta v. Acosta,
29
Emory Int'l L. Rev. Recent Dev.
2113
(2015).
Available at:
https://scholarlycommons.law.emory.edu/eilr-recent-developments/28