Fabri v. Pritikin-Fabri, 221 F. Supp. 2d 859 (N.D. Ill. 2001)
- Docket Number
- No. 00 C 6512
- Published
- Yes
- Decision Date
- 2001-07-16
- Name of Court
- United States District Court for the Northern District of Illinois, Eastern Division
- Opinion by
- Pallmeyer
- Counsel for Petitioner
- Siewerth, Sarane C.
- Counsel for Respondent
- Komie, Stephen M.
- Counsel for Court
- Requesting State
- Italy
- Requested State
- United States of America
- Procedural History
-
On October 2, 2000, the Respondent/mother obtained an Order of Protection in Illinois and on October 6,2002, she initiated divorce proceedings. The Petitioner/father was served with both and promptly petitioned under the Hague Convention.
- Summary of Facts
-
The Petitioner/father and the Respondent/mother married in 1989 and have lived in Italy since before the marriage. The couple's daughter was born in Italy in 1991. The Petitioner/father and the Respondent/mother separated in April 2000, and the Respondent/mother moved into a separate apartment, but the Petitioner/father visited with the child regularly. In September 2000, the Respondent/mother and child left Italy suddenly to care for the Respondent/mother's ailing father in Chicago.
- Defenses Raised
-
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
Hague Article 20: Return of the child would violate principles of human rights and fundamental freedoms
- Statutes Considered (ICARA)
- 11601(a)(4), 11603(b), 11603(e)(1)(A), 11603(e)(2)(A), 11603(e)(2)(B)
- Articles Considered (Hague Convention)
- 1, 3, 5(a), 8, 9, 11, 12, 13(a), 13(b), 14, 19, 20, 29
- Cases Considered
- Armiliato v. Zaric-Armiliato, No. 01 CIV 0136 2001 WL 472767 (S.D.N.Y. 2001); Blondin v. Dubois, 189 F.3d 240 (2nd Cir. 1999); Ciotola v. Fiocca, 86 Ohio Misc. 24 (1997); Croll v. Croll , 229 F.3d 133 (2nd Cir. 2000); Diorinou v. Mezitis, 237 F.3d 133 (2nd Cir. 2001); Friedrich v. Friedrich, 983 F.2d 1396 (6th Cir. 1993); Friedrich v. Friedrich, 78 F.3d 1060 (6th Cir. 1996); Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001); Norden-Powers v. Beveridge, 125 F.Supp.2d 634 (E.D.N.Y. 2000); Nunez-Escudero v. Tice-Menley, 58 F.3d 374 (8th Cir. 1995); Renovales v. Roosa, No. FA 91 0392232 S WL 204483 (Conn. Super. 1991); Tabacchi v. Harrison,, No. 99 C 4130 2000 WL 190576 (N.D. Ill. 2000); Whallon v. Lynn, 230 F.3d 450 (1st Cir. 2000); Wanninger v. Wanninger , 850 F.Supp. 78 (D. Mass. 1994)
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2004-11-12
Why this Project?
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.
