The one-year period that must expire before a parent in an international custody dispute can raise the defense that a child is settled in his or her new country cannot be equitably tolled, the U.S. Court of Appeals for the Second Circuit ruled yesterday.
Addressing an issue of first impression, the Second Circuit held equitable tolling does not apply to the one-year period for the “now-settled” defense set forth in Article 12 of the Hague Convention on the Civil Aspects of International Child Abduction.
