In re Tsarbopoulos, No. 00-35393, 2000 WL 1721800 (9th Cir. Nov. 17, 2000)
- Docket Number
- No. 00-35393
- Published
- No
- Decision Date
- 2000-11-17
- Name of Court
- United States Court of Appeals for the Ninth Circuit
- Opinion by
- Reavley; Fernandez; Thomas
- Counsel for Petitioner
- Karademos, Peter John
- Counsel for Respondent
- Schultz, Mary E
- Counsel for Court
- Requesting State
- Greece
- Requested State
- United States of America
- Procedural History
-
The Petitioner/father requested the children be returned to Greece pursuant to the Hague Convention. The district court granted the Petitioner/father's summary judgment motion sua sponte. The Respondent/mother immediately appealed and requested reassignment of the case on remand to a different judge.
- Summary of Facts
-
The Respondent/mother and the Petitioner/father lived the United States for ten years, where their three children were born. Later, the entire family moved to Greece. The Respondent/mother was under the impression that the move was only temporary and that Greece was not a place of habitual residence for the children. It was during this time that the Respondent/mother claimed the children were physically abused by the Petitioner/father. The Respondent/mother then fled back to the United States with the children. At trial, the Respondent/mother provided four health care professionals who testified that the children were physically abused by the Petitioner/father while the family lived in Greece.
- Defenses Raised
-
Hague Article 3a: The child's habitual residence is not the requesting state
Hague Article 13b: Grave risk of harm to the child if returned to the petitioning country
- Statutes Considered (ICARA)
- 11601, 11602, 11603, 11604, 11605, 11606, 11607, 11608, 11609, 11610, 11603(e)(1), 11603(e)(2)
- Articles Considered (Hague Convention)
- 13(b)
- Cases Considered
- Blondin v. Dubois, 189 F.3d 240 (2nd Cir. 1999); Feder v. Evans-Feder, 63 F.3d 217 (3rd Cir. 1995); Friedrich v. Friedrich , 983 F.2d 1396 (6th Cir. 1993); Lopez v. Smith, 203 F.3d 1122 (9th Cir. 2000); Mozes v. Mozes, 239 F.3d 1067 (9th Cir. 2001); Shalit v. Coppe, 182 F.3d 1124 (9th Cir. 1999); Weiner v. San Diego County, 210 F.3d 1025 (9th Cir. 2000)
- Judicial Outcome or Order
- Reversed and Remanded
- Posted
- 2004-11-21
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.
