Unsettled: Inconsistent Standards of Review for the Well-settled Defense Under the Hague Convention Fail to Protect Children
The Supreme Court's refusal to act leaves an acknowledged circuit split unresolved on the proper standard of review for the Hague Convention’s “well settled” defense, which is a doctrine with life-altering implications for vulnerable families seeking safety in the United States. This article analyzes the circuit split, the weaknesses of the “well settled” standard, and what reform could look like.