Norinder v Fuentes 657 F.3d 526 (US 7th Cir. 2011)
Abduction - Habitual residence - Article 13(b) harm defence - Whether grave risk of harm
6 September 2011
Court of Appeal (USA)
Child born in USA. Mother ("M) was American and Father ("F) was Swedish. Family moved to Sweden. M then retained the child in USA without F's consent after an agreed 2 week holiday in USA. M informed F that she wished to stay in USA on a permanent basis. F applied for the return of the child to Sweden under the Hague Convention 1980 and filed a petition with the District Court for the Southern District of Illinois for the return of the child to Sweden. M defended the proceedings on the basis of an article 13(b) harm defence under Hague Convention 1980 arguing that she had been subjected to domestic violence at the hands of F (often in front of the child) and that F was addicted to drugs and alcohol. The Court ordered the child's return and made an order that M pay costs of $150,570 to F. M appealed the return order and the costs orders.
To read the full case summary and to view the case transcript, you must subscribe to International Children Law Online (if you already subscribe click here to log in).
To request a free trial click here and select International Children Law online from the drop down menu.
Provides comprehensive coverage of the international elements of English family law