Seaman v. Peterson


Docket: 11-10243 Opinion Date: September 5, 2014
Judge: Hodges
Areas of Law: Family Law, International Law

Wife filed suit against husband under the Hague Convention on the Civil Aspects of International Child Abduction, TIAS No. 11670, S Treaty Doc. No. 99-11, as implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11601 et seq., after husband removed their four children from Mexico to the United States. The district court concluded that the habitual residence of the children at the time of the abduction was in Mexico. Further, the children were wrongfully removed in violation of wife’s right of custody under Mexican law. Wife enjoyed rights of custody under Mexican law and she was actively exercising those rights at the time of the children’s abduction. Therefore, the district court ordered the children returned to the United States. Determining that it had jurisdiction, the court concluded that there was no clear error in the district court’s factual findings and, after de novo review of the district court’s conclusions of law resulting in the grant of wife’s petition, the court found no error of law in that result. Accordingly, the court affirmed the judgment of the district court.

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