Chafin v. Chafin (2012)
- Docket
- 11-1347
- Decided
- 2012-01-01
Summary
Question: Can a district court rule on a petition to return a child to his or her country of residence according The Hague Convention's articles once the child has returned to that country? Conclusion: Yes. Chief Justice John G. Roberts Jr., in a unanimous opinion, vacated the Eleventh Circuit decision and remanded for further proceedings. The Court held that the controversy is not moot just because the child had already returned to Scotland. Jeffrey Chafin still maintains a valid claim in U.S. courts to have his child returned to the United States. Even though Lynne Chafin has returned to Scotland, U.S. courts continue to have personal jurisdiction over her. Therefore, a court has authority to issue an order for the child's return, regardless of Lynne's location. Even though Lynne may chose to defy the court's order, this does not necessarily render the case moot. Courts adjudicate disputes even where relief may not be likely or practical. A likelihood that Lynne will not comply with the order should not preclude Jeffrey from asserting his claims.