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United States Ninth Circuit


GAUDIN v. REMIS, 01-15096

The parent of an abducted child may not maintain a suit under the International Child Abduction Remedies Act and the Hague Convention on the Civil Aspects of International and Child Abduction when she relocates permanently to the US after filing suit while residing abroad, however, whether she has moved permanently to the US is a factual inquiry requiring an evidentiary hearing.

Appellate Information

  • Argued 11/02/2001
  • Decided 03/11/2002
  • Published 03/11/2002

Judges

  • O'SCANNLAIN, Circuit Judge., Before THOMPSON, O'SCANNLAIN, and BERZON, Circuit Judges.

Court

  • United States Ninth Circuit

Counsel

  • For Appellant:
  • Paul A. Lynch, Honolulu, HI, for the petitioner-appellant.

  • For Appellees:
  • Chunmay Chang, Honolulu, HI, for the respondent-appellee.
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