⚖ Oral Arguments, with Context

The Fourth Circuit considers whether two children must be returned from the United States to Paraguay. The children had been living with their mother and her family in Paraguay, while their father visited them. Their mother later brought them to the United States and kept them here. The father sought their return under the Hague Convention. The parents agree that the retention was wrongful, but a Virginia judge denied return after finding domestic violence and a grave risk of harm to the children. A return proceeding decides which country the children should go back to, not who ultimately gets custody. Lewis Powell, for the father, will argue that the judge confused return to Paraguay with return to the father's custody, and misplaced the burden of showing whether courts in Paraguay could protect the children. Miriam Fisher, for the mother, will defend the judge's factual findings and discretion. Ameliorative measures are safeguards intended to make a return safe, such as protective court orders; whether Paraguay could provide effective protection is central to this appeal.

Maik Ens Loblein v. Roxana Alcaraz de Ens (No. 26-1831) — U.S. Court of Appeals for the Fourth Circuit, argued October 27, 2026.