LOZANO v. ALVAREZ

Docket No. 11-2224-cv.

697 F.3d 41 (2012)

Manuel Jose LOZANO, Petitioner-Appellant, v. Diana Lucia Montoya ALVAREZ, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: October 1, 2012.


Attorney(s) appearing for the Case

John R. Hein , New York, N.Y. ( Shawn Patrick Regan , Amos R. Barclay (to be admitted), Kristin Kramer (to be admitted), New York, N.Y., Sharon M. Mills (to be admitted), Washington, D.C., Fran R. Aden , Houston, Tex., on the brief), Hunton & Williams LLP, for Petitioner-Appellant.

Lauren A. Moskowitz ( Rachel G. Skaistis , on the brief), Cravath, Swaine & Moore LLP, New York, N.Y., for Respondent-Appellee.

Ellen Blain , Assistant United State Attorney ( Benjamin Torrance , Assistant United States Attorney, Geoffrey M. Klineberg , Counselor, Department of State, Harold Hongju Koh , Legal Adviser, Department of State, Mark B. Stern , Adam C. Jed , Attorneys, Appellate Staff, Civil Division, Department of Justice, Stuart F. Delery , Acting Assistant Attorney General), for Preet Bharara, United States Attorney for the Southern District of New York, for Amicus Curiae United States of America.

Before: KATZMANN, WESLEY, and LYNCH, Circuit Judges.


KATZMANN, Circuit Judge:

Two now-separated parents dispute whether courts in the United States or the United Kingdom should decide who has custody of their five-year-old child.1 To resolve this case we must address two questions of first impression for this Court regarding the interpretation of Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89...

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