The Hague Domestic Violence Project—Prevot v. Prevot, 855 F.Supp. 915 (W.DTenn. 1994)

Prevot v. Prevot, 855 F.Supp. 915 (W.DTenn. 1994)

Docket Number: Misc. 93-61-MI
Published: Yes
Decision Date: 1994-06-19
Name of Court: United States District Court for the Western Division of Tennessee
Opinion by: McCalla, Jon P
Counsel for Petitioner: Fogelman, Caren B
Counsel for Respondent: Camp, David W
Counsel for Court
Requesting State: France
Requested State: United States of America
Procedural History: On October 25, 1980 Petitioner/father filed a Hague Convention petition seeking the return of his children to France from the United States
Summary of Facts: Shortly after the marriage of parties, Respondent/mother discovered that her husband, Petitioner/father was under criminal investigation for theft. Petitioner/father plead guilty to these charges and was ordered to pay restitution and put on probation. Respondent/mother also discovered that Petitioner/father owed the IRS $125,000 in back taxes. At some point, Petitioner/father decided to flee to his native France to avoid his financial obligations and Respondent/mother decided to join him. In France, Respondent/mother testified as to the couples poor living conditions in a 36 trailer where the couple lived with their children. Ms. Prevot testified that her husband became physically and verbally abusive while the couple lived in France. Mr. Prevot testified that Ms. Prevot began drinking excessively and was involved in at least one alcohol related traffic accidents. Ms. Prevot decided to move with children back to the US, but Mr. Prevot took their passports and gave them to his attorney for safekeeping. It is unclear whether the couple continued to reside in the trailer together. Ms. Prevot testified that her husband moved to the restaurants basement and occasionally came to the trailer to bring food. In a few months, Ms. Prevot obtained new passports, took the children and returned to the U.S.
Defenses Raised: Hague Article 3a: The childs habitual residence is not the requesting state (Childrens residence in France not voluntary, under coercion)
Statutes Considered (ICARA): 11601, 11603(e)(1), 11603(e)(2)(A), 11603(e)(2)(B)
Articles Considered (Hague Convention): 2(b), 12, 13(a), 13(b), 20
Cases Considered: Friedrich v. Friedrich, 983 F.2d 1396 (6th Cir.1993); In re Ponath, 829 F.Supp. 363 (D.Utah 1993); Kearney &Trecker Corp. v. Cincinnati Milacron, Inc., 562 F.2d 365 (6th Cir. 1977); Meredith v. Meredith, 759 F.Supp. 1432 (D.Ariz. 1991); In re Bates, CA 122.-89 High Cour of Justice,Fam.Div'l Ct..,Royal Cour of Justice, United Kingdom (1989)
Judicial Outcome or Order: Return Ordered
Posted: 2005-09-30

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.