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Cantor v Cohen, 442 F.3d 196 (4^th Cir. 2006)

In Cantor v Cohen, 442 F.3d 196 (4^th Cir. 2006) the appeal presented the question of whether the International Child Abduction Remedies Act ("ICARA"), 42 U.S.C. §§ 11601-11610, confers jurisdiction upon federal courts to hear access claims. Petitioner-Appellant, Sarah Claudia Aragon Cantor, appealed the district court's order of April 18, 2005, dismissing her access claims. The district court held that it did not have jurisdiction to hear access claims under ICARA. The Fourth Circuit affirmed the decision of the district court. It noted that under the Convention, the Appellant has no right to initiate judicial proceedings for access claims and the federal courts are not authorized to exercise jurisdiction over the access claims brought by the Appellant. It is on this premise that it found that the courts of the United States lack a substantive basis for the resolution of the access claims asserted by the Appellant.