Tsarbopoulos v. Tsarbopoulos, 176 F. Supp. 2d 1045 (E.D. Wash. 2001)
- Docket Number
- CS-00-0083-EFS
- Published
- Yes
- Decision Date
- 2001-11-19
- Name of Court
- United States District Court, Eastern District of Washington
- Opinion by
- Shea, Edward F
- Counsel for Petitioner
- Karademos, Peter F
- Counsel for Respondent
- Schultz, Mary E
- Counsel for Court
- Requesting State
- Greece
- Requested State
- United States of America
- Procedural History
-
Petitioner/father filed petition seeking the return of three children to Greece. A hearing on cross motions was held on April 25, 2000. On May 5, 2000, the court ordered the children returned to Greece at the expense of Petitioner/Father. Respondent/Mother filed an appeal on May 3, 2000; the court entered an amended order on May 4, 2000. On November 17, 2000, the Ninth Circuit Court of Appeals filed a memorandum reversing the order granting summary judgment to Petitioner/Father, finding genuine issues of material fact on the question of habitual residence. The Ninth Circuit mandate was filed on November 22, 2000 and the case was reassigned on November 30, 2000. The court scheduled an evidentiary hearing for March 26, 2001 that was rescheduled for May 21, 2001.
- Summary of Facts
-
While dating and after marrying, Petitioner/Father was physically abusive towards Respondent/Mother, in a manner that included pinching, punching, and pushing. Petitioner/Father was also verbally abusive. Respondent/Mother repeatedly borrowed money from her parents because Petitioner/Father controlled the finances and he refused to pay for various expenses or she was frightened about his reaction when an expense was incurred. Petitioner/Father had family in Greece and the family made annual trips to Greece to visit them. Petitioner/Father began exploring a position with a museum in Greece that would require a two-year commitment. Soon after, he learned that Respondent/Mother was pregnant with their third child and news of the unplanned pregnancy caused major issues. Respondent/Mother testified that Petitioner/father accused her of having an affair, encouraged an abortion, and punched her in the stomach. Respondent/Mothers parents paid for the birth-related expenses of the third child because Petitioner/Father refused to pay. By that time, Petitioner/Father accepted the position at the museum and the family moved to Greece. Petitioner/Fathers credit cards maintained United States addresses, he maintained a New Jersey drivers license and received a New Jersey non-resident tax return. Though the family had the funds to purchase a home while in Greece, Petitioner/Father declined to do so. While in Greece, Respondent/Mother and the three children were socially isolated. Respondent/Mother received from Petitioner/Father a list of tasks on a daily bases, which he expected her to complete during the day or physical punishment would result. He called her several times a day and expected to know where she was at all times. Petitioner/Father became increasingly harsh in administering discipline to the children. In one incident, Petitioner/Father picked up the youngest child by his hair and seat of his pants and beating him with both his hands. Respondent/Mother declined to intervene, out of fear that both she and the child would be physically abused Shortly after, the oldest child was caught in a prank and the Petitioner/Father beat him with a doll. Respondent/Mother intervened and Petitioner/Father shoved her into a bicycle, causing injury. This event caused her to leave the apartment with the children.
- Defenses Raised
-
Hague Article 3a: The childs habitual residence is not the requesting state.
Hague Article 13(b): Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601, 11603(e)
- Articles Considered (Hague Convention)
- 13(b)
- Cases Considered
- Blondin v. Dubois, 238 F.3d 153 (2d Cir. 2000).; Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001).; Ponath v. Ponath , 829 F.Supp. 363 (D.Uta 1993); Walsh v. Walsh , 221 F.3d 204 1st Cir. 2000)
- Judicial Outcome or Order
- Return Order Denied
- Posted
- 2006-09-08
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