United States Fourth Circuit

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Smedley v. Smedley, 14-1414

In this family law proceeding, when the Mother left with her children to Germany, the Father petitioned under the Hague Convention on the Civil Aspects of International Child Abduction to return the children to North Carolina, where he lives. The German court denied his petition. Following a visit by the children to North Carolina, the Father decided to keep them there. The US district court's accordance of comity to the decision of the German court and granting the Mother's Hague petition ordering the children's return to Germany is affirmed, where the district court properly extended comity, as the Father's consent to the move to Germany eliminated the need for the German court to conduct a habitual-residence analysis, and because the Mother's testimony was detailed and corroborated, and the evidence did not show that the Father's consent was only for temporary travel, the German court's decision was at least minimally reasonable.

Appellate Information

  • Decided 11/05/2014
  • Published 11/05/2014

Judges

  • Duncan

Court

  • United States Fourth Circuit

Counsel

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