California Court of Appeal

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Marriage of Witherspoon, G037889

Order requiring the return to Germany of father's two children under the Hague Convention, declaring California an inconvenient forum, and awarding mother temporary custody of children pending their return to Germany is reversed where the trial court erred in failing to make factual findings regarding certain enumerated exceptions to the children's return under the Convention, and in awarding temporary custody of the children to mother without considering whether doing so would pose a substantial risk of harm to them.

Appellate Information

  • Decided 09/27/2007
  • Published 09/27/2007

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellant:
  • Danny Witherspoon, in pro. per., for Appellant.

  • For Appellees:
  • Gassner & Gassner and Stephen I. Gassner, Ontario, for Respondent.
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