Child Abduction Custody Case Involving Member Of Military Not Moot.

In an action involving the International Child Abduction Remedies Act [ICARA; 42 U.S.C. 11601], a member of the U.S. Army filed for divorce shortly after he returned from deployment to Afghanistan. His wife, a citizen of Scotland was deported and took their child with her after a federal district court concluded the child’s habitual residence was Scotland because she had taken the child there while her husband was in Afghanistan.  The Eleventh Circuit dismissed the father’s appeal on the ground that once a child has been returned to a foreign country, a United States court becomes powerless to grant relief. The United States Supreme Court reversed, stating:  “The Hague Convention mandates the prompt return of children to their countries of habitual residence. But such return does not render this case moot; there is a live dispute between the parties over where their child will be raised, and there is a possibility of effectual relief for the prevailing parent. The courts below therefore continue to have jurisdiction to adjudicate the merits of the parties’ respective claims.” Chafin v. Chafin  (U.S. Sup. Ct.; February 19, 2013) (Case No. 11-1347) [81 U.S.L.W. 4059; 24 Fla.L.Weekly Fed.S 13].