Thursday, February 23, 2006

custody - international - Hague Convention

In re Application of Adan - Third Circuit - Febrary 14, 2006

http://www.ca3.uscourts.gov/opinarch/053045p.pdf

District Court ordered return of parties' daughter to Argentinian father, whom appellant-mother had accused of abusing her and daughter. The 3d Circuit ordered a stay of the return order and remanded the case back to the district court -- which it said had created a "woefully incomplete" record -- for detailed fact-finding about the abuse, the ability of Argentinian authorities to protect the child, etc.

See also, Baxter v. Baxter, Third Circuit Court of Appeals, September 15, 2005 http://www.ca3.uscourts.gov/opinarch/043228p.pdf

Donald Marritz
MidPenn Legal Services

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