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Keywords

statutestatute of limitations
statutestatute of limitations

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Lozano v. Montoya Alvarez

Facts

Diana Lucia Montoya Alvarez and Manuel Jose Lozano are the parents of a girl who was wrongfully removed from the United Kingdom by Montoya Alvarez. After a tumultuous relationship marked by allegations of abuse, Montoya Alvarez left with the child while Lozano was unaware of their whereabouts. Lozano attempted to locate them and eventually filed a petition for the child's return under the Hague Convention, but it was denied because it was filed more than one year after the wrongful removal.

Diana Lucia Montoya Alvarez and Manuel Jose Lozano are the parents of a girl who was wrongfully removed from the United Kingdom by Montoya Alvarez. After a tumultuous relationship marked by allegations of abuse, Montoya Alvarez left with the child while Lozano was unaware of their whereabouts. Lozano attempted to locate them and eventually filed a petition for the child's return under the Hague Convention, but it was denied because it was filed more than one year after the wrongful removal.

Issue

Is the one-year period for filing a petition for the return of a child under the Hague Convention subject to equitable tolling when the abducting parent conceals the child's location?

Is the one-year period for filing a petition for the return of a child under the Hague Convention subject to equitable tolling when the abducting parent conceals the child's location?

Rule

The Hague Convention on the Civil Aspects of International Child Abduction does not allow for equitable tolling of the one-year period specified in Article 12 for filing a return petition.

The Hague Convention on the Civil Aspects of International Child Abduction does not allow for equitable tolling of the one-year period specified in Article 12 for filing a return petition.

Analysis

The Court determined that the one-year period in Article 12 is not a statute of limitations and therefore is not subject to equitable tolling. The Court emphasized that the Convention's purpose is to ensure the prompt return of children and that allowing tolling would undermine this objective. The Court also noted that the Convention was not adopted against a background of equitable tolling principles.

The Court determined that the one-year period in Article 12 is not a statute of limitations and therefore is not subject to equitable tolling. The Court emphasized that the Convention's purpose is to ensure the prompt return of children and that allowing tolling would undermine this objective. The Court also noted that the Convention was not adopted against a background of equitable tolling principles.

Conclusion

The Supreme Court affirmed the lower court's judgment, concluding that equitable tolling is not available under the Hague Convention.

The Supreme Court affirmed the lower court's judgment, concluding that equitable tolling is not available under the Hague Convention.

Who won?

The prevailing party is Diana Lucia Montoya Alvarez, as the Supreme Court upheld the lower court's decision denying Lozano's petition for the child's return.

The prevailing party is Diana Lucia Montoya Alvarez, as the Supreme Court upheld the lower court's decision denying Lozano's petition for the child's return.

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