On February 19, 2013 the United States Supreme Court issued a significant decision which affects children who have been returned to their country of Habitual Residence pursuant to the Hague Convention on the International Abduction of Children ( The Hague). The case is Chafin v Chafin, and the Case No is 11-1347. In Chafin, Father was living in Alabama with the minor child. The Mother then filed an action for the return of the child pursuant to the Hague convention.

After a trial on the matter, the District Court concluded that Scotland was the child's country of habitual residence and ordered the Father to return the minor child to the child's country of habitual residence (Scotland). Father then filed an appeal of the District Court's decision ordering the return of the child. The 11th Circuit Court of Appeal dismissed the appeal finding that because the child had been returned an appeal of the decision order the return of the child was moot. Father, then appealed the dismissal of his appeal to the United States Supreme Court. In reversing the decision of the 11th Circuit court of Appeals, the United States Supreme Court held that although a child had been returned to the child's country of habitual residence that the return of the child did not render an appeal of the return order as moot.

Recently I had the occasion to address the issue of the return of children who had been wrongfully removed from the United States to Japan. Although Japan is a member of the Hague Convention on the abduction of children, it has been very difficult to obtain the return of children wrongfully removed from Japan. I have reprinted below a portion of a comment from Attorney Jeremy Morley regarding a change in Japanese law as it relates to the return of children under the Hague Convention from Japan.

"In May the Ministry of Foreign Affairs of the Government of Japan announced a so-called "pilot project" to assist in child abduction cases. Indeed, it renamed a division as the "Hague Child Abduction Convention Division". On August 1, 2012 the Ministry of Foreign Affairs announced that the program has been extended until March 29, 2013.
See http://www.mofa.go.jp/policy/human/pilot_120501_en_2.html

The pilot program allows a left-behind parent to make one telephone call for up to one hour to a Japanese lawyer to receive information. The Ministry cautions that, "The lawyer will not give you professional consultation on your specific case. This pilot project is designed to allow you, who reside outside Japan, to gain a deeper understanding as to what scheme currently available in Japan might be of help to you."