Maria Elena Swett Urquieta v. John Francis Bowe
Privacy JusticiabilityDoctri
1. Whether, under the Hague Convention on the Civil Aspects of International Child Abduction, a parent's continued consent to a child's temporary stay abroad resets the date of wrongful retention for purposes of Article 12.
2. Whether a court may invalidate a parent's express consent to a child's extended stay abroad based on its own subjective assessment of whether the consent was "meaningful."
3. Whether generalized regarding a parent, school, or social life constitute a valid particularized "objection" sufficient to satisfy the mature child defense under Article 13 of the Hague Convention.
4. Whether "extremely and egregiously toxic" communications between an abducting parent and an abducted child, alongside a child's objection that "appeared to emanate" from the abducting parent, constitute undue influence, thereby invalidating the Article 13 mature-child exception under the Hague Convention.
Whether a parent's continued consent to a child's temporary stay abroad resets the date of wrongful retention under the Hague Convention, and whether a court can invalidate such consent based on its own subjective assessment of 'meaningful' consent