Whallon v. Lynn, 356 F.3d 138 (1st Cir. 2004)
- Docket Number
- 03-1742
- Published
- Yes
- Decision Date
- 2004-01-22
- Name of Court
- United States Court of Appeals, First Circuit
- Opinion by
- Coffin, Frank M
- Counsel for Petitioner
- Azzarito, Mary A
- Counsel for Respondent
- Pollack, Barry S
- Counsel for Court
- Requesting State
- Mexico
- Requested State
- United States of America
- Procedural History
-
The District Court of Massachusetts ordered the return of Child to Mexico. On October 27, 2002, the First Circuit affirmed the trial courtÂ’s findings and the return order. On April 18, 2003, Petitioner/Father filed a motion for attorney fees and costs. The district court awarded costs in part. Respondent/mother appealed the district courtÂ’s decision to award costs and attorney fees.
- Summary of Facts
-
See Whallon v. Lynn (Whallon I), 230 F.3d 450 (1st Cir. Mass., 2000).
- Defenses Raised
-
N/A
- Statutes Considered (ICARA)
- 11603, 11607(b)
- Articles Considered (Hague Convention)
- Cases Considered
- Berendsen v. Nichols, 938 F.Supp. 737 1996; Larch v. Mansfield Mun. Elec. Dep't, 272 F.3d 63 2001; Rydder v. Rydder, 49 F.3d 369 1995; Whallon v. Lynn, 230 F.3d 450 2000
- Judicial Outcome or Order
- Return Order Affirmed (for appellate cases)
- Posted
- 2006-09-15
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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.
