No. 23-932

Minna-Marie Brandt v. Damian Caracciolo

Lower Court: Fourth Circuit
Docketed: 2024-02-27
Status: Denied
Type: Paid
Tags: child-abduction circuit-court-split country-of-residence custody-rights hague-convention international-child-abduction international-law judicial-procedure treaty-interpretation wrongful-retention
Latest Conference: 2024-04-26
Question Presented (from Petition)

Did the Fourth Circuit below err in concluding —in conflict with the text of the Hague Convention and the cases of this Court and six other circuits—that United States courts can consider circumstances other than those relevant under the laws of the country of residence to determining parties' custody rights under the laws of that country at the time of an allegedly wrongful retention?

Question Presented (AI Summary)

Did the Fourth Circuit below err in concluding—in conflict with the text of the Hague Convention and the cases of this Court and six other circuits'—that United States courts can consider circumstances other than those relevant under the laws of the country of residence to determining parties' custody rights under the laws of that country at the time of an allegedly wrongful retention?

Docket Entries

2024-04-29
Petition DENIED.
2024-04-10
DISTRIBUTED for Conference of 4/26/2024.
2024-04-08
2024-03-26
2024-02-20
Petition for a writ of certiorari filed. (Response due March 28, 2024)

Attorneys

Damian Caracciolo
James L. EppersonEpperson Law Group, PLLC, Respondent
Minna-Marie Brandt
Brandon W. DukeWinston & Strawn LLP, Petitioner