Lozano v. Alvarez, 572 U.S. 1 (2014)
Lozano v. Alvarez is a critical Supreme Court case that examined the applicability of the 'equitable tolling' doctrine in cases of international child abduction under the Hague Convention on the Civil Aspects of International Child Abduction.
Whether the one-year period for filing a petition under the Hague Convention on the Civil Aspects of International Child Abduction is subject to equitable tolling when the child was concealed by one parent from the other.
Under the Hague Convention, Article 12, a petition for the return of a wrongfully removed or retained child must typically be filed within one year of the alleged wrongful removal or retention, beyond which return becomes conditional based on the child's settlement in the new environment. The equitable tolling doctrine, generally equitable in U.S. law, does not automatically apply unless explicitly provided for by the relevant statute or treaty.
The Supreme Court held that the one-year filing period under the Hague Convention is not subject to equitable tolling. Therefore, the concealment of the child does not pause or extend the Convention's deadline.
Lozano v. Alvarez is a vital precedent highlighting the boundaries of judicial interpretation concerning international treaties. The decision reinforces the notion that U.S. courts must adhere strictly to the wording of international agreements, without extending procedural doctrines beyond express stipulations. This case serves as a caution for practitioners in international child abduction cases to act swiftly within the prescribed timelines and reflects the commitment of U.S. courts to uphold international consistency in interpreting the Hague Convention.