Krishna v. Krishna, 1997 WL 195439 (N.D.Cal. April 11, 1997
- Docket Number
- C 97-0021 (SC)
- Published
- No
- Decision Date
- 1997-04-11
- Name of Court
- United States District Court, N.D. California
- Opinion by
- Conti, Samuel
- Counsel for Petitioner
- N/, A
- Counsel for Respondent
- N/, A
- Counsel for Court
- Requesting State
- Austria
- Requested State
- United States of America
- Procedural History
-
Petitioner/father filed suit under the Hague Convention on the Civil Aspects of Child Abduction seeking the return of his child to Australia.
- Summary of Facts
-
Petitioner/ father and Respondent/ mother were married on December 24, 1992 and soon after moved to Australia from Fiji. Petitioner/father threatened Respondent/mother with physical harm and inflicted physical violence. The argument caused Respondent/mother to contact the police. The police report indicates that Petitioner/ father slapped Respondent/ mother across the face and threatened her with a knife and a belt. On may 12, 1996, Respondent/mother left the marital home with the child and family and relocated to her parents home in California, United States. Respondent/mother alleges that Petitioner/father gave her the childs passport with the knowledge that she would be traveling to California. Petitioner/father alleges that he gave the passport to Respondent/mother with the understanding that she intended to move elsewhere in Australia. The court indicated that the evidence demonstrates that Petitioner/father knew Respondent/mother intended to leave the country. Petitioner/father has had contact with Respondent/mother since her relocation to California. The DV charge against Petitioner/father in Australia was dropped and the court indicated that there is a relatively limited abuse history, however, Respondent/ mother alleges that Petitioner/ father beat her regularly since her sons first birthday and has beaten her seriously on five occasions.
- Defenses Raised
-
Hague Article 12: Child had become well-settled in the new environment
Hague Article 13a: Acquiescence or consent to the removal of the child by the requesting party
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601, 11603(e)
- Articles Considered (Hague Convention)
- Cases Considered
- Feder v. Evans-Feder, 63 F.3d 217 (3rd Cir.1995); Friedrich v. Friedrich, 983 F.2d 1396 (6th Cir.1993)
- Judicial Outcome or Order
- Return Order Denied
- Posted
- 2006-09-19
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We are a team of individuals from various professional backgrounds who are dedicated to creating a comprehensive resource that will enable mothers, domestic violence advocates, attorneys and judges to better prepare themselves for Hague Convention cases in the United States' legal system.
