No. 24-7482

Raphael Stein, Acting on Behalf of His Minor Children J. S., Z. N., and A. Z. v. Adeena Kohn

Lower Court: Second Circuit
Docketed: 2025-06-24
Status: Denied
Type: IFP
IFP
Tags: child-abduction custody-rights habitual-residence hague-convention international-law one-year-exception
Latest Conference: 2025-09-29
Question Presented (from Petition)

1. Whether an actual breach of custody rights must occur to establish wrongful retention, or if mere notice of an intended future breach suffices to start the one-year clock under the Convention; and

2. Whether the "One Year and Settled" exception should be narrowly construed with consideration of the child's ongoing strong ties to their country of habitual residence.

Question Presented (AI Summary)

Whether an actual breach of custody rights must occur to establish wrongful retention under the Hague Convention, or if mere notice of an intended future breach suffices to start the one-year clock

Docket Entries

2025-10-06
Petition DENIED.
2025-08-07
DISTRIBUTED for Conference of 9/29/2025.
2025-04-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due July 24, 2025)

Attorneys

Raphael Stein
Raphael Stein — Petitioner