United States Fourth Circuit

In father's action for wrongful removal under the Hague Convention, seeking the return of his son to Switzerland, the district court's judgment that that mother breached no rights of custody in removing the child is affirmed, where: 1) the district court did not err in holding that father had not demonstrated that the removal of their child by mother breached any parental authority rights he retained at the time of removal; 2) the district court did not clearly err in finding that mother had legitimate reasons for coming to the United States; and 3) the determination of whether removal is wrongful is based on rights of custody at the time of removal, and at the time of removal, mother had sole custody of her son.

Appellate Information

• Decided 05/24/2013
• Published 05/24/2013

Judges

• MOTZ

Court

• United States Fourth Circuit

Counsel