United States First Circuit

Grant of a petition alleging that petitioner's wife wrongfully removed their two sons in violation of the International Child Abduction Remedies Act is affirmed where: 1) the removal of the children was wrongful since the petitioner had a right of custody over the children and was exercising his rights at the time of the removal; 2) the respondent did not raise an equal protection argument before the district court; and 3) the district court's imposition of undertakings was proper since there was no grave risk of harm to the children or mother upon a return to Germany or any other consideration that would justify modifying or reversing the undertakings.

Appellate Information

• Decided 03/07/2008
• Published 03/07/2008

Judges

• SILER, Senior Circuit Judge., Before LIPEZ, Circuit Judge, SELYA, Senior Circuit Judge, and SILER, Senior Circuit Judge.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Thomas M. Dickinson, for appellant.


• For Appellees:
  
• Bradford N. Martin, with whom Gerald Nissenbaum was on brief, for appellee.