Whallon (II) v. Lynn, No. Civ. 00-11009-RWZ, 2003 WL 1906174 (D. Mass. Apr. 18, 2003)
- Docket Number
- 00-11009-RWZ
- Published
- No
- Decision Date
- 2003-04-18
- Name of Court
- United States District Court, District of Massachusetts
- Opinion by
- Zobel, Rya W
- Counsel for Petitioner
- Tucker, Scott J; Cullen, Stephen J
- Counsel for Respondent
- Todd, Garry O; Pollack, Barry S
- Counsel for Court
- Requesting State
- Mexico
- Requested State
- United States of America
- Procedural History
-
Petitioner/Father brought an action under Article 3 of the Hague Convention against Respondent/Mother seeking the return of Child to Mexico. The District court of Massachusetts ordered Childs return to Mexico and the First Circuit affirmed the order. Respondent/Mother reluctantly returned with Child to Mexico and initiated custody/rights termination proceedings against Petitioner/Father. Respondent/Mother received provisional custody order, and retained her right of patria postestas. Respondent/Mother then left Mexico, terminating her right of patria postestas. Petitioner/Father filed this motion for sanctions, attorney fees and costs.
- Summary of Facts
-
See Whallon v. Lynn, 230 F.3d 450 (1st Cir. 2000).
- Defenses Raised
-
See Whallon v. Lynn, 230 F.3d 450 (1st Cir. 2000).
- Statutes Considered (ICARA)
- 11603, 11607(b)
- Articles Considered (Hague Convention)
- 3
- Cases Considered
- Berendsen v. Nichols , 938 F.Supp. 737 (D. Kan. 1996); Distler v. Distler , 26 F.Supp.2d 723 (D. N.J. 1998); Freier v. Freier, 985 F.Supp. 710 (E.D. Mich. 1997); Grimer v. Grimer , 1993 WL 545261 (D. Kan. 1993).; Rydder v. Rydder, 49 F.3d 369 (8th Cir. 1995)
- Judicial Outcome or Order
- Return Ordered
- Posted
- 2006-09-14
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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.
