No. 21-797

Serge Matthew Aluker v. Simin Yan, aka Simin Aluker

Lower Court: Fourth Circuit
Docketed: 2021-11-30
Status: Denied
Type: Paid
Response RequestedResponse WaivedRelisted (2) Experienced Counsel
Tags: child-abduction custody-agreement custody-rights fourth-circuit habitual-residence hague-child-abduction-convention hague-convention international-law parental-agreement parental-rights treaty-interpretation
Key Terms:
Privacy JusticiabilityDoctri
Latest Conference: 2022-03-25 (distributed 2 times)
Question Presented (AI Summary)

Whether the Fourth Circuit's decision improperly wrote out the Article 3 requirement of the Hague Child Abduction Convention that a parental agreement have legal effect under the substantive law of the child's habitual residence in order to impact a parent's rights of custody under the treaty

Question Presented (from Petition)

QUESTION PRESENTED Article 3 of the Hague Child Abduction Convention requires that a parental agreement have legal effect under the substantive law of the country of the child’s habitual residence in order to impact a parent’s rights of custody under the treaty. Did the Fourth Circuit’s decision write that article 3 requirement out of the Hague Child Abduction Convention?

Docket Entries

2022-03-28
Petition DENIED.
2022-03-09
DISTRIBUTED for Conference of 3/25/2022.
2022-03-04
Reply of petitioner Serge Aluker filed.
2022-02-22
Brief of respondent Simin Yan in opposition filed.
2021-12-29
Motion to extend the time to file a response is granted and the time is extended to and including February 22, 2022.
2021-12-27
Motion to extend the time to file a response from January 21, 2022 to February 22, 2022, submitted to The Clerk.
2021-12-22
Response Requested. (Due January 21, 2022)
2021-12-15
DISTRIBUTED for Conference of 1/7/2022.
2021-12-13
Waiver of right of respondent Simin Yan to respond filed.
2021-11-24
Petition for a writ of certiorari filed. (Response due December 30, 2021)

Attorneys

Serge Aluker
Kelly Ann PowersMiles & Stockbridge P.C., Petitioner
Kelly Ann PowersMiles & Stockbridge P.C., Petitioner
Simin Yan
Maya M. EcksteinHunton Andrews Kurth LLP, Respondent
Maya M. EcksteinHunton Andrews Kurth LLP, Respondent