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Saturday, September 9, 2023

Green v Phuong, 2023 WL 5608992 ( Ninth Circuit, 2023) [Indonesia][ Subject matter jurisdiction ][Petition denied]

 [Indonesia][ Subject matter jurisdiction ][Petition denied]

 

In Green v Phuong,  2023 WL 5608992 ( Ninth Circuit, 2023) Richard Lee Green appealed pro se from the district court’s judgment dismissing for lack of subject matter jurisdiction his action under the Hague Convention. The Ninth Circuit held that the dismissal of Green’s action was proper because Green did not allege facts sufficient to show that his children were “habitually resident in a Contracting State” because Indonesia is not a Convention signatory. See Convention, Art. 4 (providing that the Convention applies “to any child who was habitually resident in a Contracting State immediately before any breach of custody or access rights”)

 

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