Harsacky v. Harsscky, 903 S.W.2d 410(Ky. Ct. App. 1996)
- Docket Number
- NO. 96-CA-0068-MR
- Published
- Yes
- Decision Date
- 1996-10-11
- Name of Court
- Court of Appeals of Kentucky
- Opinion by
- Judge Knopf, Judge
- Counsel for Petitioner
- McMurtry, Stephen T
- Counsel for Respondent
- Amann, Thomas W; Brooks, Kim
- Counsel for Court
- Requesting State
- Finland
- Requested State
- United States of America
- Procedural History
-
Petitioner/mother filed suit seeking return of children to Finland. District Court denied this motion and she appealed.
- Summary of Facts
-
Petitioner/mother was unhappy in the United States and convinced Respondent/father to move to Finland. After a few years, the couple sold many of their possessions and returned to the United States. After their return to the U.S., the couple had a violent domestic dispute which ended in Petitioner/mothers arrest. Respondent/father filed a domestic violence petition and was given custody of the children. Petitioner/mother argued that the children had been wrongfully removed from Finland because they were only on a temporary vacation in the U.S. The Court found that the children were not wrongfully removed because both parents agreed to return to the U.S. for the purpose of making it their home for an indefinite amount of time.
- Defenses Raised
-
Hague Article 3a: The childs habitual residence is not the requesting state
- Statutes Considered (ICARA)
- 11601, 11603
- Articles Considered (Hague Convention)
- 3
- Cases Considered
- Brooke v. Willia, 907 F.Supp. 57 (S.D.N.Y., 1995); Cohen v. Cohen, WL 364578 (N.Y. Supp.)1993; Friedrich v. Friedrich, 983 F.2d 1396 (6th Cir. 1993); In re: Bates , CA 122-89, High Court of Justice, Fam. Div1 Ct. Royal Court of Justice, United Kingdom 1989; In re Ponath , 829 F.Supp. 363 (D. Utah, 1993); Levesque v. Levesque , 816 F.Supp. 662 (D. Kan. 1993); Meredith v. Meredith, 759 F.Supp. 1432 (D. Ariz. 1991); Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995).
- Judicial Outcome or Order
- Return Order Denial Affirmed
- Posted
- 2006-09-21
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.
