Habitual residence must be gleaned from a review of the totality of the circumstances, including affirmative defenses

A recent Texas Court of Appeals case illustrates the series of considerations and “balancing acts” that ultimately lead a court to sever parental rights. One of those considerations is the child’s expressed desire.

One out of three marriages in the United States are likely to include blended families, as in In Re C.J.C. Are legislatures being short-sighted or are they being puritanical? The best interests of children remain of primary ...

By keeping safety as paramount and separate, courts will not weigh parental rights against child safety. Safety will be the sole consideration. A child should be entitled to no less safeguards than an adult at a domestic ...