No. 24-1205

Maria Elena Swett Urquieta v. John Francis Bowe

Lower Court: Second Circuit
Docketed: 2025-05-27
Status: Denied
Type: Paid
Response Waived
Tags: child-abduction hague-convention international-law mature-child-defense parental-consent undue-influence
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2025-09-29
Question Presented (from Petition)

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.

Question Presented (AI Summary)

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

Docket Entries

2025-10-06
Petition DENIED.
2025-06-25
DISTRIBUTED for Conference of 9/29/2025.
2025-06-20
Waiver of John Francis Bowe of right to respond submitted.
2025-06-20
Waiver of right of respondent John Francis Bowe to respond filed.
2025-05-22
Petition for a writ of certiorari filed. (Response due June 26, 2025)
2025-03-18
Application (24A896) granted by Justice Sotomayor extending the time to file until May 22, 2025.
2025-03-13
Application (24A896) to extend the time to file a petition for a writ of certiorari from March 23, 2025 to May 22, 2025, submitted to Justice Sotomayor.

Attorneys

John Francis Bowe
Karen R. KingMorvillo Abramowitz Grand Iason & Anello P.C., Respondent
Maria Urquieta
Richard MinGreen Kaminer Min & Rockmore LLP, Petitioner