(DOWNLOAD) "Friedrich V. Friedrich" by United States Court Of Appeals For The Sixth Circuit ~ Book PDF Kindle ePub Free
eBook details
- Title: Friedrich V. Friedrich
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 22, 1993
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
BOGGS, Circuit Judge. This is a case of first impression, requiring us to determine when the removal of a child from one country to another by one parent, without the consent of the other, is "wrongful" as defined by the Hague Convention on the Civil Aspects of International Child Abduction ("the Convention") as implemented by the United States Congress in the International Child Abduction Remedies Act ("the Act"), 42 U.S.C. §§ 11601-11610. Emanuel Friedrich appeals from the denial of his petition for the return of his son, Thomas, to Germany. Thomas was removed from Germany to the United States by his mother, Jeana Friedrich, a few days after the Friedrichs informally separated. The district court found that Mrs. Friedrich did not wrongfully remove Thomas from Germany within the meaning of the Convention because at the time of removal Thomas was a "habitual resident" of the United States and Mr. Friedrich was not exercising his parental custody rights. For the reasons that follow, we reverse the district court's ruling and remand the case for a determination of whether, under German law, Mr. Friedrich had custody rights at the time of the removal that he was exercising or would have exercised but for the removal, and for consideration of any affirmative defenses that Mrs. Friedrich might raise.
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