Appeals after child return
Jeffrey Lee Chafin v. Lynne Hales Chafin
In brief
The child’s return to Scotland did not end Chafin’s appeal, and the case goes back to the Eleventh Circuit.
- Where it stands
- Decided
Decided 9-0 · February 19, 2013 · Opinion by Justice Ginsburg
- What it’s about
- Jeffrey Chafin challenged an order returning his and Lynne Hales Chafin’s child to Scotland under the Hague Convention.
- Who it affects
- Jeffrey Chafin’s appeal can proceed in the Eleventh Circuit even though the child had already returned to Scotland.
Summary: written with AI from the case record.
What it's about
The Supreme Court ruled that the child’s return did not end the appeal, wiped out the Eleventh Circuit’s decision (vacated it), and sent the case back for further proceedings (remanded).
The Hague Convention’s return process is meant to let the country where a child usually lives handle custody decisions.
Question presented
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?
What the Court decided
Holding
The return of a child to a foreign country pursuant to a Convention return order does not render an appeal of that order moot. Vacated and remanded.
- Result
- Vacated
The vote
What's next
The Eleventh Circuit will continue proceedings on Chafin’s appeal. The Supreme Court did not decide whether the return order was correct.
Documents
Opinions
Audio
Docket activity
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AI analysis generated: Case Briefing
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AI analysis generated: Decision Record
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Audio Recording added: Oral Arguments - Chafin
Opinion added: Chafin
Sources
Primary materials plus reporting. Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.