The Second Circuit last week issued a split-panel decision in Buy Prandin online no prescription, Duran v. Beaumont, purchase Prandin online no prescription, Prandin for sale, No. 06-cv-5614 (2d Cir, order Prandin online c.o.d. Where to buy Prandin, 2008). The case concerned a Chilean mothers’ decision to take her child to the USA and remain there, canada, mexico, india, Comprar en línea Prandin, comprar Prandin baratos, in derogation of a Chilean court order. The child’s parents—both Chilean—are recently separated, with formal custody not yet determined, buy Prandin online no prescription. However, buy cheap Prandin no rx, Rx free Prandin, the child lived with the mother, who—by law—could not leave Chile without the father’s consent, japan, craiglist, ebay, overseas, paypal. Real brand Prandin online, When the father withheld consent for a trip to the United States, the mother obtained a court order allowing a limited, buy Prandin from canada, Purchase Prandin online, 3 month journey with her daughter. At the expiration of that 3 months, buying Prandin online over the counter, Buy Prandin without a prescription, the mother and the child did not return.
The father petitioned the court in New York for return of the child, buy Prandin without prescription. Buy Prandin online no prescription, The court’s jurisdiction under the Hague Abduction Convention was in issue. Prandin price, coupon, If the father had “custody rights” under the law of the child’s habitual residence—here Chile—then the court could order the requested relief. If, fast shipping Prandin, Purchase Prandin, however, the father only had a “right of access, buy Prandin online no prescription, Buy Prandin online cod, ” then the court was without power to order this remedy.
The Chilean Central Authority submitted an affidavit supporting the father, Prandin from canadian pharmacy, Where to buy Prandin, espousing that he had “custody” of the child under Chilean law because the child could not leave the country without his consent. The district court, where can i buy cheapest Prandin online, Where can i buy Prandin online, and later the Second Circuit, gave no weight to this opinion, Prandin samples. While recognizing that the interpretation given by a sovereign to its own law is entitled to “some deference” in U.S, buy Prandin online no prescription. Australia, uk, us, usa, courts, it is not entitled to “absolute deference.” Where, order Prandin no prescription, Order Prandin online overnight delivery no prescription, for instance, such an interpretation conflicts with prior judicial precedent over an issue, online buying Prandin hcl, Buy Prandin from mexico, that precedent may govern the case. Here, Prandin over the counter, Buy Prandin no prescription, the Second Circuit had already determined that a “ne exeat” right (i.e. the right to determine whether a child will leave the country) does not amount to custody under the Hague Abduction Convention, ordering Prandin online. Buy cheap Prandin, Under this authority, the father merely had a “right of access” under the Convention, online buy Prandin without a prescription, and not custody, giving the New York Court no jurisdiction to order the child’s return. Buy Prandin online no prescription, The dissenting judge strenuously objected to the panel’s refusal to give credence to the Chilean Central Authority.
The decision, and the dissent, can be found here.
This case is interesting not only for the operation of the Convention, but most of all as an illustration of the need (and difficulty) in developing some uniform mechanism for national courts to determine foreign law. Here, even with an international treaty calling on the Central Authority of a contracting state to provide an opinion on its own internal law (art. 3), a court has still chosen to ignore this decision in favor of its own precedent (interpreting Hong Kong law, nonetheless). What develops, then, is a convolution of foreign law concepts in U.S. courts, which tend to be applied over-and-over again in different cases, often erroneously. Can a new international convention on the proof of foreign law adequately address this problem.
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