In re Prevot, 59 F. 3d 556 (6th Cir. 1995)
- Docket Number
- 94-5854, 94-6440
- Published
- Yes
- Decision Date
- 1995-07-14
- Name of Court
- United States Court of Appeals, Sixth Circuit
- Opinion by
- Godbold, John C.
- Counsel for Petitioner
- Counsel for Respondent
- Counsel for Court
- Requesting State
- France
- Requested State
- United States of America
- Procedural History
-
Father/petitioner brought action under ICARA, seeking to have children removed from U.S. to France. The U.S. District Court for Western District of Tennessee ordered that the children be returned to custody of father in France and the mother appealed. The Court of Appeals Circuit Judge, sitting by designation, held that father, as fugitive from justice in United States, could not maintain ICARA action in U.S. court.
- Summary of Facts
-
In 1988 Debra Moseman Prevot, an American citizen, married Jean-Claude Prevot, a French citizen who had resided in the U.S. for nearly 20 years. Shortly after their marriage, Mr. Prevot was arrested on charges of theft of property of the value $20,000 or more, a second-degree felony. After the arrest, the couple moved to Memphis, Tennessee.
In 1989 Ms. Prevot gave birth to their first child. In December of 1989, Mr. Prevot pleaded guilty to the charge of theft and was sentenced to 10 years confinement and a fine.
In February 1991 the couple's second child was born. Mr. Prevot told Ms. Prevot that he felt “caged in” by his probation and his payments to the IRS. A plan was formulated for leaving the United States and moving to France. The Texas authorities had confiscated Mr. Prevot's passport, so the family drove to Canada, obtained a new passport for Mr. Prevot and returned to France in June 1991. These actions violated Mr. Prevot’s probation requirements and in February 1992 a warrant was issued by the Texas court for Mr. Prevot.
In November 1992 the couple began arguing and in August 1993 Ms. Prevot left France with the two children and returned to the United States without Mr. Prevot’s knowledge. In October 1993, Mr. Prevot filed for divorce in France. At no point did Mr. Prevot return to the United States after absconding in 1991. Mr. Prevot filed his Hague Convention petition in the United States District Court in December 1993.
The district court held two hearings at which the mother and others testified, but the father/petitioner was unwilling to come to the United States and gave a deposition by long distance telephone.
- Defenses Raised
-
Doctrine of Unclean Hands; Disentitlement
- Statutes Considered (ICARA)
- 11601(b)(4), 11603(A)(1), 11603(A)(2)
- Articles Considered (Hague Convention)
- 19, 3
- Cases Considered
- Molinaro v. New Jersey, 90 S.Ct. 498 (U.S.N.J. 1970); Ortega-Rodriguez v. U.S., 113 S.Ct. 1199 (U.S. Fla. 1993); Bonahan v. Nebraska, 8 S.Ct. 1390 (U.S. Neb. 1887); Smith v. U.S., 94 U.S. 97 (U.S. Wash. 1876); Eash v. Riggins Trucking Inc., 757 F.2d 557 (3d Cir.(Pa.) 1985); Broadway v. City of Montgomery, Alabama, 530 F.2d 657 (5th Cir.(Ala.) 1976); Conforte v. C.I.R., 692 F.2d 587 (9th Cir. 1982); U.S. v. Real Property Located at Incline Village, 47 F.3d 1511 (9th Cir.(Nev.) 1995); In re Prevot, 855 F.Supp. 915 (W.D.Tenn. 1994)
- Judicial Outcome or Order
- Reversed and Remanded
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.
