Belay v. Getachew, 272 F. Supp. 2d 553 (D. Md. 2003)
- Docket Number
- CIV. A.AW-03-761
- Published
- Yes
- Decision Date
- 2003-07-08
- Name of Court
- United States District Court for the District of Maryland, Southern Division
- Opinion by
- Williams, Jr., Alexander
- Counsel for Petitioner
- Ferris Hansen, Michele Anne
- Counsel for Respondent
- Sims, Nathaniel ; Mena, Maria Elena
- Counsel for Court
- Requesting State
- Sweden
- Requested State
- United States of America
- Procedural History
-
On February 12, 2001, the Petitioner/father filed a Hague Convention petition with the Central Authority in Sweden seeking the return of his children to Sweden. NCMEC located the Respondent/mother on October 5, 2001, but lost contact with the Respondent/mother in March of 2002. In March 2003, the Petitioner/father filed his petition in district court. The court held a preliminary hearing on April 21, 2003 at which time both parties and the child were present. The court then held a two-day evidentiary hearing during which both parties were allowed to present evidence and witness testimony.
- Summary of Facts
-
The Petitioner/father and the Respondent/mother emigrated from Ethiopia to Sweden in 1991 and were married shortly thereafter. They were granted Swedish citizenship sometime after their arrival. Their daughter, Eden, was born on July 17, 1994 in Sweden. The parties presented contradictory evidence about the state of the couple's marriage. The Petitioner/father alleged during his testimony that while there may have been minor disputes between him and the Respondent/mother, at no time did he consider them to be serious. The Respondent/mother, on the other hand, alleges that their marriage deteriorated rapidly. The Respondent/mother testified that on two separate occasions the Petitioner/father was abusive towards her verbally and physically. The Petitioner/father denied these allegations. The court found that some facts corroborate the Respondent/mother's view of the marriage. In summer of 2000, the Respondent/mother left Sweden and moved to the United States with Eden without informing Petitioner/father of the move. Rather, she told him she was taking a five-week vacation to visit relatives in Washington, D.C. Together, the Respondent/mother and Eden moved to an apartment in Maryland where Eden lived for three years. During that time, the Respondent/mother kept their location hidden from the Petitioner/father though several phone conversations between the Petitioner/father and his daughter occurred during this period. The Petitioner/father attempted to find his daughter during this period; however, he was unsuccessful because the Respondent/mother had moved to a different location.
- Defenses Raised
-
Hague Article 12: Child had become "well-settled" in the new environment
Hague Article 12: Waiver and/or 1 year had elapsed since the child had been removed from the petitioning state
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)
- Articles Considered (Hague Convention)
- 1, 3, 12, 13(a), 13(b)
- Cases Considered
- Anderson v. Acree, 250 F.Supp.2d 872 (S.D. Ohio 2002); Bocquet v. Ouzid, 225 F.Supp.2d 1337 (S.D. Fla. 2002); C.M. English v. Pabst Brewery Co., 828 F.2d 1047 (4th Cir. 1987); Danaipour v. McLarey, 286 F.3d 1 (1st Cir. 2002); Delvoye v. Lee, 224 F.Supp.2d 843 (D.N.J. 2002); Escaf v. Rodriquez, 200 F.Supp.2d 603 (E.D. Va. 2002); Feder v. Evans-Feder, 63 F.3d 217 (3rd Cir. 1995); Friedrich v. Friedrich, 983 F.2d 1396 (6th CIr. 1993); Friedrich v. Thompson, U.S. Dist. LEXIS 2135 (M.D.N.C. 1999); In re Robinson, 983 F.Supp. 1339 (D. Colo. 1997); In re Rodriguez, 33 F.Supp.2d 456 (D. Md. 1999); Koc v. Koc, 181 F.Supp.2d 136 (E.D.N.Y. 2001); Lops v. Lops , 140 F.3d 927 (11th Cir. 1998); Mendez Lynch v. Mendez Lynch , 220 F.Supp.2d 1347 (M.D. Fla. 2002); Miller v. Miller, 240 F.3d 392 (4th Ir. 2001); Ohlander v. Larson, 114 F.3d 1531 (10th Cir. 1997); Shalit v. Coppe, 182 F.3d 1124 (9th Cir. 1999); Slagenweit v. Slagenweit , 841 F.Supp. 264 (N.D. Iowa 1993); Toren v. Toren, 26 F.Supp.2d 240 (D. Mass. 1998); Wojcik v. Wojcik, 959 F.Supp. 413 (E.D. Mich. 1997); Whallon v. Lynn, 230 F.3d 450 (1st Cir. 2000); Zucker v. Andrews, 2 F.Supp.2d 134 (D. Mass. 1998)
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2004-11-08
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.
