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United States First Circuit


Nicolson v. Pappalardo, 10-1125

In plaintiff-father's petition seeking return of his child to Australia, claiming under the Hague Convention that the child's mother had wrongfully retained the child in the U.S., district court's judgment in favor of the father is affirmed as there is no clear and unequivocal expression of an agreement by the father to have final custody determined in a Maine court, nor a convincing written renunciation of rights to this effect.

Appellate Information

  • Decided 04/30/2010
  • Published 04/30/2010

Judges

  • BOUDIN, Circuit Judge., Before BOUDIN, LIPEZ and HOWARD, Circuit Judges.

Court

  • United States First Circuit

Counsel

  • For Appellant:
  • Deena Jo Schneider with whom Schnader Harrison Segal & Lewis LLP, Peter W. Evans and Givertz, Hambley, Scheffee & Lavoie, P.A. were on brief for appellant.

  • For Appellees:
  • Stephen J. Cullen with whom Kelly A. Powers, Joshua J. Gayfield and Miles & Stockbridge P.C. were on brief for appellee.
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