The Hague Domestic Violence Project—Croll v. Croll, 66 F.Supp.2d 554 (S.D.N.Y. 1999)

Croll v. Croll, 66 F.Supp.2d 554 (S.D.N.Y.1999)

Docket Number: No. 99 Civ. 3566(SHS)
Published: Yes
Decision Date: 1999-10-19
Name of Court: United States District Court, S.D.New York
Opinion by: Stein, Sideny H
Counsel for Petitioner: Arenstein, Robert D
Counsel for Respondent: Kuck, Lea H
Counsel for Court
Requesting State: China
Requested State: United States of America
Procedural History: The Petitioner/ father filed a Hague petition for the return of his child to Hong Kong.
Summary of Facts: The Petitioner/father and the Respondent/ mother were married in 1982, had one child in 1990, and separated in 1998. The family lived in Hong Kong until 1999. The Petitioner/ father returned from a business trip and found that the Respondent/ mother and his child had left the country. The Petitioner/ father claimed the Respondent/ mothers home was emptied and the house keeper said that the two had left. In addition, the Respondent/ mother claimed that the Petitioner/ father assaulted her, dragged her into the bedroom where they struggled in front of their child and possible hit the child; although she never alleged child abuse against the Petitioner/ father.
Defenses Raised: vii. Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
Statutes Considered (ICARA): 11601, 11603(e)
Articles Considered (Hague Convention): 13(b)
Cases Considered: Blondin v. Blondin v. Dubois, , 189 F.3d 240 2d Cir.1999) ; Friedrich v. Friedrich , 983 F.2d 1396 (6th Cir.1993); Ciotola v. Fiocca, 684 N.E.2d 763 (1997); Rydder v. Rydder, 49 F.3d 369 (8th Cir.1995); Bromley v. Bromley, 30 F.Supp.2d 857 (E.D.Pa.1998); Viragh v. Foldes, 612 N.E.2d 241 (1993); David S. v. Zamira S., 151 Misc.2d 630 (1991); Air France v. Saks, 470 U.S. 392 (1985); Benjamins v. British European Airways , 572 F.2d 913 (2d Cir.1978); Friedrich v. Friedrich , 78 F.3d 1060 (6th Cir.1996) ; Freier v. Freier , 969 F.Supp. 436 (E.D.Mich.1996); Sampson v. Sampson , 975 P.2d 1211 (1999); Krishna v. Krishna , 1997 WL 195439 4 (N.D.Cal.1997),; Nunez-Escudero v. Tice-Menley, 58 F.3d 374 (8th Cir. 1995); In re Walshd , 31 F.Supp.2d 200 (D.Mass.1998) ; Feder v. Evans-Feder, 63 F.3d 226 (3d Cir.1995)
Judicial Outcome or Order: Return Ordered
Posted: 2006-09-08

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