Interstate Issues: Legal Basis/Authority to Appeal from State Supreme to 9th Circuit Court of Appeals

mercredi 15 avril 2015

Hello Experts!



(Could not find a Hague Convention classification, nor abduction; "Interstate Issues" was the closest I could find.)



Question : If/when the Washington State Supreme Court renders a decision, can this decision be appealed to the 9th Circuit Court of Appeals? Or, must this case be escalated to the U.S. Supreme Court? Could someone point me to the Legal Basis for such an Appeal, (FRCP, etc)?



Background :



My family is embroiled in an International Hague Convention Child Abduction Case ...



The 9th Circuit Court of Appeals has already ruled favorably regarding all issues of Law raised in this case, but State Courts have so-far set aside these precedents.



The case is currently being litigated before the Washington State Supreme Court. However, and obviously, the wrong standards of law have been applied in this case, (the UCCJEA), whereas under the Hague Convention Rights of Custody to Determine the Residence of the Children should be analyzed under Quebec Law, (where the Children were removed from).



The Washington State Supreme Court recently denied a motion to submit an Amicus Curiae Brief--from the Quebec Minister of Justice, on the grounds that neither the Appellant, (a Pro Se Litigant), nor the Amicus Curiae, are authorized to prractice law in Washington State, nor had a relationship with such an attorney.



The Case in question is 91308-1, and the the Petition for Review is available on the court web site.



Thank you!





Interstate Issues: Legal Basis/Authority to Appeal from State Supreme to 9th Circuit Court of Appeals

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