Panazatou v. Pantazatos, 1997 WL 614519 (Conn.Super.Ct. 1997)
- Docket Number
- FA 960713571S
- Published
- No
- Decision Date
- 1997-09-24
- Name of Court
- Superior Courtof Connecticut, Hartford Judicial District
- Opinion by
- Barall, Herbert
- Counsel for Petitioner
- Counsel for Respondent
- Counsel for Court
- Requesting State
- Greece
- Requested State
- United States of America
- Procedural History
-
The Petitioner/mother initiated a divorce action in Connecticut on October of 1996 along with an ex parte request for custody of the minor child. The ex parte order was granted subject to notice to the Respondent/father. Subsequently, the Respondent/father then brought a habeas corpus action to prevent the childs removal from the state of Connecticut pending a hearing on his Application for return of the child to Greece. The application was later filed in the Connecticut court in accordance to the Hague Convention.
- Summary of Facts
-
Petitioner/defendant/father, a Greek citizen, met the Respondent/mother, an American citizen, during her 1987 vacation in Greece. They were later married in the United States on January of 1989, and moved to Mykonos, Greece after their marriage. The parties continued to reside in Greece, but had significant ties to the United States. For example, the Petitioner/father has a social security card, driver's license, bank account and some work-related business in the United States. The Respondent/mother became pregnant and, with permission of the petitioner/father, came back to the United States several months before the birth of the child because the couple felt that the medical care in the United States was superior. After the birth, the Respondent/mother and child returned to Greece. During the ensuing years, the child went back and forth between Connecticut and Greece. The child resided in Cromwell, Connecticut from December 9, 1994 through February 7, 1995. The child then lived in Cromwell with her mother from June 21, 1995 through July 18, 1995, and again from November 8, 1995 until February 14, 1996. All of those residences were with the permission of Petitioner.
On September 11, 1996, the Respondent/mother returned to Connecticut with the child without the approval or knowledge of the Petitioner/father. All other times, other than those specified, the child lived with both the Respondent/mother and the Petitioner/father in Mykonos, Greece. The Court heard, and found credible, testimony from a child psychiatrist, that separation of the child from the Respondent/mother would cause grave risk of short and long term psychological harm to the child. The Court further heard, and found to be true, testimony that the respondent/mother was fearful of the Petitioner/father's anger. The Court also found that the respondent/mother has no means of supporting herself in Mykonos because of her lack of citizenship. The Petitioner/father stated that he made $100,000.00 USD per year, however his tax returns show that he earned only $10,00.00 USD per year. After the separation of the parties in September of 1996, the Petitioner/father registered the family as being citizens of Athens, yet the court found this not to be true. Further, the court stated that the Petitioner/father had commenced a custody action in Athens, but no service has been made upon the Respondent/mother and the court as been unable to obtain any copies of these papers. There is, however, some evidence that Respondent/mother would be subject to contempt in court in Greece, if she were to return to Greece, in spite of the lack of notice.
- Defenses Raised
-
Hague Article 3a: The childs habitual residence is not the requesting state
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- Articles Considered (Hague Convention)
- 3(a), 13(b)
- Cases Considered
- C v. C Court of Appeal, Civil Division 12 December 1968 (1989); 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 Ordered
- Posted
- 2005-10-14
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