The Hague Domestic Violence Project—Tabacchi v. Harrison, 2000 WL 190576

Tabacchi v. Harrison, 2000 WL 190576

Docket Number: 99 C 4130
Published: No
Decision Date: 2000-02-10
Name of Court: United State District Court, N.D. Illinois, Eastern Division
Opinion by: Gottschall, Joan B
Counsel for Petitioner: Mirabelli, Enrico J
Counsel for Respondent: Harrison, Sean C
Counsel for Court
Requesting State: Italy
Requested State: United States of America
Procedural History: Petitioner/father brought suit seeking return of child to Italy. A bench trial was held on November 24, 29, and December 3, 1999.
Summary of Facts: Petitioner/father and Respondent/mother moved to Italy to live for at least a few years soon after they met. A child was born to them soon after. Petitioner/father and Respondent/mother had a tumultuous marriage that at times involved violent arguments. Both would frequently yell, swear and occasionally throw things, though no one would be injured in these incidents. However, later arguments escalated and involved physical abuse. During one argument, Petitioner/father slapped Respondent/mother. She then threw a phone at Petitioner/father, hitting him on the head. Petitioner/father then slapped her again on the cheek. Another argument occurred eight months later. Both were yelling and swearing at each other when Petitioner/father placed his hands on Respondent/mothers neck. Respondent/mother testified that Petitioner/father was trying to choke her while he testified he was merely put his hands on her shoulders to try and calm her. Soon after, they got into another argument. As Respondent/mother walked out of the room, Petitioner/father hit her with his fist on the back of her head causing her to fall to the floor. Respondent/mother decided to take the child and stay with a neighbor and eventually Petitioner/father allowed them to leave. Later that day, a neighbor told Respondent/mother that Petitioner/father agreed that she could take the child to the United States for three months if she signed something. But instead, Petitioner/father made an attempt to get the child who was at the neighbors house. While Respondent/mother tried to stop Petitioner/father from taking the child, Petitioner/fathers arm hit her causing her to suffer a black eye and loosened teeth. Respondent/mother went to the police and afterwards left to Rome with the child. She made arrangements to leave Italy the next day. Respondent/mother sent Petitioner/father a postcard to tell him that she did not intend to withhold access to the child. Petitioner/father has visited with the child in Chicago several times after Respondent/mother and child left Italy.
Defenses Raised: 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, 11601(a), 11601(b), 11603(f), 11603(e)
Articles Considered (Hague Convention): 1, 3, 12, 13, 19
Cases Considered: Air France v. Saks, 470 U.S. 392 1985; B. v. B., 4 F 303/98 1992; Blondin v. Dubois, 189 F.3d 240 1999; Ciotola v. Fiocca, 684 N.E.2d 763 1997; Croll v. Croll, 66 F.Supp.2d 554 1999; Currier v. Currier, 845 F.Supp. 916 1994; Feder v. Evans-Feder, 63 F.3d 217 1995; Friedrich v. Friedrich, 983 F.2d 1396 1993; Friedrich v. Friedrich, 78 F.3d 1060 1996; In re Walsh, 31 F.Supp.2d 200 1998; Krishna v. Krishna, 1997 WL 195439 1997; Meredith v. Meredith, 759 F.Supp. 1432 1991; Nunez-Escudero v. Tice-Menley, 58 F.3d 374 1995; Pacicca v. Pacicca, 000 000 000 1993; Pantazatou v. Pantazatos, 1997 WL 614572 1997; Re Bates, 122 CA 2-89 1989; Re O, 2 FLR 349 1994; Rodriguez v. Rodriguez, 33 F.Supp.2d 456 1999; Rydder v. Rydder, 49 F.3d 369 1995; Slagenweit v. Slagenweit, 841 F.Supp. 264 1993; Steffen F. v. Severina P., 966 F.Supp. 922 1997; Turner v. Frowein, 752 A.2d 955 2000; Wanninger v. Wanninger, 850 F.Supp. 78 1994
Judicial Outcome or Order: Return Ordered
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.