An Army dad whose wife left him and took their daughter to Scotland gained new hope when the U.S. Supreme Court ruled the American courts can assert themselves in international custody battles.
In a 9-0 vote that overturned an appeals court decision denying Sgt. Jeffrey Chafin’s bid to get daughter Eris back, the high court rejected the idea that Chafin’s appeal was “moot” because the six-year-old girl had been in Scotland for more than a year. The justices sent the case back to the Florida-based 11th Circuit court, telling the judges there to rule on the merits.
“Such return does not render this case moot; there is a live dispute between the parties over where their child will be raised, and there is a possibility of effectual relief for the prevailing parent,” Chief Justice John Roberts said in the written ruling. “The courts below therefore continue to have jurisdiction to adjudicate the merits of the parties’ respective claims.”