Silverman v. Silverman (II), 312 F.3d 914 (8th Cir. 2002)
- Docket Number
- 02-2496
- Published
- Yes
- Decision Date
- 2002-12-11
- Name of Court
- United States Court of Appeals
- Opinion by
- Heaney; Beam
- Counsel for Petitioner
- McKay, Susan A; Prarie, Eden
- Counsel for Respondent
- Baxter, M. Micheal
- Counsel for Court
- Requesting State
- Israel
- Requested State
- United States of America
- Procedural History
-
Petitioner/father sought appellate review of the lower court's decision asserting that the federal District Court 1) improperly determined the children's residence and 2) improperly applied the grave risk of harm defense. (see Silverman v. Silverman (I), 2002 WL 971808 (D. Minn.)
- Summary of Facts
-
(see Silverman v. Silverman (I), 2002 WL 971808 (D. Minn.))
- Defenses Raised
-
Hague Article 4: Habitual Residence
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11603(e)(1)(A), 11603(e)(2)(A)
- Articles Considered (Hague Convention)
- 13(b)
- Cases Considered
- Feder v. Evans-Feder, 63 F.3d 217 (3rd Cir. 1995); Friedrich v. Friedrich , 983 F.2d 1396 (6th Cir. 1993); In re Bates, No. CA 122-89 High Court of Justice, Fam. Div'l Ct. Royal Court of Justice (UK 1989); Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001); Nunez-Escudero v. Tice-Menley, 58 F.3d 374 (8th Cir. 1995); Rydder v. Rydder, 49 F.3d 396 (8th Cir. 1995)
- Judicial Outcome or Order
- Return Order Denied
- Posted
- 2004-11-15
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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.
