The Hague Domestic Violence Project—Turner v. Frowein, 752 A.2d 955

Turner v. Frowein, 752 A.2d 955

Docket Number: 16165
Published: Yes
Decision Date: 2000-05-17
Name of Court: Supreme Court of Connecticut
Opinion by: Katz, Joette
Counsel for Petitioner: Reed, John A
Counsel for Respondent: McDonnell, Kenneth J
Counsel for Court
Requesting State: Netherlands
Requested State: United States of America
Procedural History: Petitioner/father filed suit seeking return of child to Holland but his petition was denied, and the Superior Court awarded Respondent/mother temporary custody. Petitioner/father appealed.
Summary of Facts: The court found Petitioner/father emotionally and physically abused Respondent/mother throughout their marriage. There was evidence that Petitioner/father repeatedly called Respondent/mother racial epithets, insulted her physical appearance, and made disparaging remarks concerning her intelligence. In the childs presence, Petitioner/father choked Respondent/mother on at least one occasion, attempted to push her down a flight of stairs on another occasion, and spit in her face twice. The family moved to Holland, and shortly after the move, Petitioner/father began taking the child to sleep alone with him. Respondent/mother once discovered the child sleeping naked from the waist down while with Petitioner/father. Respondent/mother accused Petitioner/father of sexually abusing the child. They got into an argument, after which Petitioner/father moved to an apartment behind the home. A little over a year later, Respondent/mother obtained a job offer in New York and informed Petitioner/father that she intended to take child to meet her prospective employer. Petitioner/father took the child without Respondent/mothers permission and threatened not to return him. Petitioner/father returned the child ten days later. Respondent/mother filed for divorce in the District Court of the Hague and sought permission to relocate with the child to the United States during the pendency of the proceedings. The Petitioner/father was given temporary custody of the child and Respondent/mother was not given visitation rights. When Respondent/mother went to Petitioner/fathers apartment begging to see the child, Petitioner/father began choking and kicking her, beating her so severely that she required a hysterectomy. The Respondent/mother then filed a petition for modification, but before receiving notice of the courts decision, she withdrew her divorce petition based upon assurances by Petitioner/father that he would release the child into her custody. Respondent/mother took the child and left for the United States where she then filed a divorce action in Connecticut.
Defenses Raised: Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country.
Statutes Considered (ICARA): 11601(a), 11603(e)
Articles Considered (Hague Convention): 3, 12
Cases Considered: Agnello v. Becker, 440 A.2d 172 1981; Babcock v. Bridgeport Hospital, 742 A.2d 322 1999; Barnes v. Barnes, 460 A.2d 1302 1983; Biasetti v. Stamford, 735 A.2d 321 1999; Blondin v. Dubois, 189 F.3d 240 1999; Bornemann v. Bornemann, 752 A.2d 978 1998; Currier v. Currier, 845 F.Supp. 916 1994; Feder v. Evans-Feder, 63 F.3d 217 1995; Fernandez v. Fernandez, 545 A.2d 1036 1988; Fitzgerald v. Fitzgerald, 459 A.2d 498 1983; Friedrich v. Friedrich, 78 F.3d 1060 1996; Goldstein v. Fischer, 510 A.2d 184 1986; In re Carissa K., 740 A.2d 896 1999; In re Eden F., 741 A.2d 873 1999; In re Jessica M., 714 A.2d 64 1998; In re Juvenile Appeal (Anonymous), 420 A.2d 875 1979; In re Petition for Coffield, 644 N.E.2d 662 1994; Joo v. Capitol Switch, Inc., 650 A.2d 526 1994; Litvaitis v. Litvaitis, 295 A.2d 519 1972; Lopiano v. Lopiano, 752 A.2d 1000 1998; Nunez-Escudero v. Tice-Menley, 58 F.3d 374 1995; Ohlander v. Larson, 114 F.3d 1531 1997; Pantazatou v. Pantazatos, 1997 WL 614572 1997; Red Maple Properties v. Zoning Commission , 610 A.2d 1238 1992; Rodriguez v. Rodriguez, 33 F.Supp.2d 456 1999; Schnabel v. Tyler, 646 A.2d 152 1994; State v. Blades, 626 A.2d 273 1993; Steffin F. v. Severina P., 966 F.Supp. 922 1997; Tahan v. Duquette, 613 A.2d 486 1992; W. v. W., 728 A.2d 1076 1999; Zicherman v. Korean Air Lines Co., 516 U.S. 217 1996
Judicial Outcome or Order: Reversed and Remanded
Posted: 2006-09-19

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.