Sinclair v. Sinclair, 121 F.3d 709
- Docket Number
- No.96-1015
- Published
- No
- Decision Date
- 1997-07-30
- Name of Court
- United States Court of Appeals, 6th Circuit
- Opinion by
- Merritt, Gilbert S; Boggs, Danny J; Daughtrey, Martha C
- Counsel for Petitioner
- Sinclair (Pro Se), Richard C
- Counsel for Respondent
- Sinclair (Pro Se), Lana
- Counsel for Court
- Requesting State
- Canada
- Requested State
- United States of America
- Procedural History
-
District Court ordered the return of the children to Canada for the Petitioner/ father. The respondent/ mother filed a timely notice of appeal pre se.
- Summary of Facts
-
Petitioner father, resident of Canada, had custody of the two minor children in question. The respondent/ mother took the two youngest (of the four) with her to her parentÂ’s home in Michigan. Petitioner/ father sought return of his two youngest minor children (of four children) over whom he had custody pursuant to a Canadian judgment. District court heard evidence presented by both parties and their attorneys and rendered its bench opinion for Petitioner father, ordering the return of the children. Respondent mother filed timely notice of appeal pro se. She contends that the district court 1) ignored evidence that her children needed protection from abuse suffered in Canada and 2) improperly refused to hear evidence from two key witnesses.
- Defenses Raised
-
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11603(e)
- Articles Considered (Hague Convention)
- 13(b)
- Cases Considered
- Cooley v. Carmike Cinemas Inc., 25 F.3d 1325 (1994); Friedrich v. Friedrich , 78 F.3d 1060 (1996); Prevot v. Prevot, 59 F.3d 556 1995
- Judicial Outcome or Order
- Return Order Affirmed (for appellate cases)
- Posted
- 2006-09-08
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