International Family Law News & Analysis

Czech court reverses autistic boy's return to US

Czech Republic Rules Against Return of Autistic Boy to US in Part Because of His So-Called Mental Illness.

This Czech newspaper article's tone is disturbing: It sounds like the most of the sources the reporter talked to do not take the Hague Convention seriously.

Czech news article: Czech woman need not return ill son to father in USA — court.

Czech woman need not return ill son to father in USA -- court

http://www.ceskenoviny.cz/
04.04.2007

Brno- Czech woman Eva Macready need not return her mentally ill son Aiden Thomas, whom she brought to the Czech Republic as a little baby, to his father in the USA, and the boy can stay in his mother's care, the Czech Supreme Court has ruled, its spokesman Petr Knoetig confirmed to CTK today.

HAGUE CONVENTION AND CUSTODY MODIFICATION LITIGATION - HABITUAL RESIDENCE - “GRAVE RISK” DEFENSE - ADDITIONAL ANALYSIS REQUIRED.

A California Court of Appeal made some important points about the boudaries between custody cases adn hague convention cases, and construed the "Grave Risk of Harm" defense narrowly, in Forrest-Benavides v. Eaddy, ___ P.3d ___, ___ Cal. App. ___, 33 FLR 1039 (11/17/06), as it reversed a modifying decision by the California court that had made the original custody order.