California Court of Appeal

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Noergaard v. Noergaard, 049854

In an appeal by mother of the trial court's grant of father's request to remove his 11-year-old daughter from the care of her mother and return the child to Denmark without an evidentiary hearing on critical aspects of mother's objections under the Hague Convention, the order is reversed where due process requires an opportunity for mother to be heard on claims that would prevent the child's return under the Hague Convention, and the matter remanded for a full evidentiary hearing.

Appellate Information

  • Decided
  • Published 2016/01/22

Judges

  • ARONSON

Court

  • California Court of Appeal

Counsel