March v. Levine (II), 249 F.3d 462 (6th Cir. 2001)
- Docket Number
- 00-6326, 00-6551
- Published
- Yes
- Decision Date
- 2001-04-19
- Name of Court
- United States Court of Appeals, 6th Circuit
- Opinion by
- Suhrheinrich, Richard
- Counsel for Petitioner
- Herbison, John E
- Counsel for Respondent
- Smith, Greogory D.
- Counsel for Court
- Requesting State
- Mexico
- Requested State
- United States of America
- Procedural History
-
Respondent/grandparents appeal from a United States District Court order directing them to immediately return their two grandchildren to Petitioner/father in Mexico. Petitioner/father cross-appeals portions of United States District Court order decided adversely to him.
- Summary of Facts
-
See March v. Levine (I), 136 F.Supp.2d 831 (M.D. Tenn. 2000).
- Defenses Raised
-
Hague Article 3a: The childs habitual residence is not the requesting state Hague Article 13a: The requesting party was not exercising custodial rights at the time of the childs removal Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601(a), 11603(e), 11605
- Articles Considered (Hague Convention)
- 1, 2, 3, 11, 12, 13, 13(b), 14, 18, 20
- Cases Considered
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 1986; Cacevic v. City of Hazel Park , 26 F.3d 483 2000; Degen v. United States, 517 U.S. 820 1996; Empire Blue Cross & Blue Shield v. Finkelstein , 111 F.3d 78 1997; Friedrich v. Friedrich, 78 F.3d 1060 1996; Hicks ex rel. Feiock v. Feiock, 485 U.S. 624 1998; In re Visitation of March, 96 D 15334 1998; In the Marriage of Gazi, 16 Fam. L.R. 180 1992; March v. Levine, 136 F.Supp.2d 831 2000; Ortega-Rodriguez v. United States, 507 U.S. 234 1993; Stern v. United States, 249 F.2d 720 1957; Troxel v. Granville, 530 U.S. 57 2000; United States v. Barnette, 129 F.3d 1179 1997; Vance ex rel. Hammons v. United States, 90 F.3d 1145 1996; Walsh v. Walsh, 221 F.3d 204 2000; Whallon v. Lynn, 230 F.3d 450 2000
- Judicial Outcome or Order
- Return Order Affirmed (for appellate cases)
- Posted
- 2006-09-15
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.
