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International Family Law

The leading authority on international family law

25 MAY 2012

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.

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