California Court of Appeal

In an appeal from a judgment of the trial court denying petitioner-father’s application under the International Child Abduction Remedies Act for the return of his young son who was abducted by his estranged wife, judgment is reversed where although the court correctly found the existence of a grave psychological risk to the return of the son without the company of his mother, the ameliorating conditions imposed by the court impermissibly hinge on the abducting parent‘s cooperation, and require the father to fulfill a requirement that is beyond his control.

Appellate Information

• Decided 12/05/2011
• Published 12/05/2011

Judges

• JOHNSON

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Walzer & Melcher, Christopher C. Melcher and Jennifer L. Musika for Plaintiff and Appellant.


• For Appellees:
  
• Phillips, Lerner & Lauzon, Peter A. Lauzon and Sharon Stark for Defendant Respondent.