United States Sixth Circuit

A decision ordering defendant-wife to return to Mexico with two of the four children currently residing with her in Ohio pursuant to the Hague Convention on Civil Aspects of International Child Abduction and its implementing legislation is reversed in part and remanded for a determination of what conditions, if any, would be appropriate and effective to ensure the safety of the children upon their return to Mexico, pending the outcome of custody proceedings.

Appellate Information

• Decided 12/28/2007
• Published 12/28/2007

Judges

• Before: BOGGS, Chief Judge;  KENNEDY, Circuit Judge;  and JORDAN, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Alan N. Hirth, Meyers, Roman, Friedberg & Lewis, Cleveland, Ohio, for Appellant.  Maryanne Stanganelli, Baker & Hostetler, New York, New York, for Appellee.   ON BRIEF:  Alan N. Hirth, Debra J. Horn, Kennee B. Switzer, Meyers, Roman, Friedberg & Lewis, Cleveland, Ohio, for Appellant.  Maryanne Stanganelli, John J. Carney, Baker & Hostetler, New York, New York, for Appellee.  Michael D. Napoli, Kirkpatrick & Lockhart Preston Gates Ellis, Dallas, Texas, Kathleen B. Havener, Hahn, Loeser & Parks, Cleveland, Ohio, for Amici Curiae.