In re the Application of John Walsh, 53 F.Supp. 91(D.Mass 1999)
- Docket Number
- 98-11638-WGY
- Published
- Yes
- Decision Date
- 1999-06-11
- Name of Court
- United States District Court for the District of Massachusetts
- Opinion by
- Young, William G
- Counsel for Petitioner
- Merrill, E C
- Counsel for Respondent
- Barbar, Thomas J; Corraro, Anne M; Najarain, Robert G
- Counsel for Court
- Benn, Bernard J
- Requesting State
- Ireland
- Requested State
- United States of America
- Procedural History
-
On December 18, 1998, the trial court granted the Petitioner/fathers Hague petition. The Respondent/mother filed a motion to dismiss or vacate the courts previous order granting the Petitioner/fathers request to have their two minor children returned to him in Ireland.
- Summary of Facts
-
The Petitioner/father and the Respondent/mother, a U.S. citizen, were married and living in Massachusetts when the Petitioner/father was arrested in 1994 after his arraignment for assault with the intent to murder a neighbor in Massachusetts. The Petitioner/father fled to Ireland and the Respondent/mother followed him. After living in Ireland for a few years with their two minor children, the Respondent/mother violated an Irish court order by taking the two children to Massachusetts, escaping the years of violence. The Petitioner/father then filed for the return of his minor children to Ireland. The court granted the Petitioner/fathers motion.
- Defenses Raised
-
Equitable doctrine of fugitive disentitlement as a defense to the courts order.
Treaty of Extradition Between the United States of America and Ireland, Jan. 3 1985, T.I.A.S. No. 10813
- Statutes Considered (ICARA)
- 11601, 11602, 11603, 11604, 11605, 11606, 11607, 11608, 11609, 11610
- Articles Considered (Hague Convention)
- Cases Considered
- Degen v. United States, 517 U.S. 820 (1996); Magluta v. Samples, 162 F.3d 662 (11th Cir.1998); Ortega-Rodriguez v. United States, 507 U.S. 234 (1993); Pharaon v. Board of Governors of Fed. Reserve Sys, 135 F.3d 148 (D.C. Cir 1998); Prevot v. Prevot, 59 F.3d 556 (6th Cir.1995); Prevot v. Prevot, 855 F.Supp. 915 (W.D.Tenn.1994)
- Judicial Outcome or Order
- Return Order Denied
- Posted
- 2005-08-11
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.
