Thursday, February 23, 2006

custody - international - Hague Convention

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

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

Donald Marritz
MidPenn Legal Services