United States Eighth Circuit

In an action brought by father seeking the return to Israel of the children from his marriage to mother under the Hague Convention on the Civil Aspects of International Child Abduction, a decision to abstain under the Younger doctrine is reversed and remanded for a determination on the merits where: 1) as neither parent filed a Hague petition in state court, Hague Convention issues were not properly or fully raised in that proceeding; and 2) thus, it was an abuse of discretion to abstain.

Appellate Information

• Decided 08/04/2008
• Published 08/04/2008

Judges

• MURPHY, Circuit Judge., Before MURPHY, BYE and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Patricia Emily, argued, Red Bank, NJ, for appellant.


• For Appellees:
  
• Jonathan Daniel Marks, argued, St. Louis, MO, for appellee.