United States Ninth Circuit

In proceedings arising from a petition for the return of plaintiff's children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, denial of plaintiff's motion to vacate a judgment denying her petition is reversed where: 1) the district court abused its discretion in denying the motion; and 2) equitable tolling is available under the Hague Convention and ICARA to toll the one-year filing period, and such issue is to be addressed on remand.

Appellate Information

• Argued 11/06/2007
• Decided 05/20/2008
• Published 05/20/2008

Judges

• Before:  MYRON H. BRIGHT,HARRY PREGERSON, and CARLOS T. BEA, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Beverly Baker-Kelly, Oakland, CA, and Howard Moore, Jr., Berkeley, CA, for the appellant.


• For Appellees:
  
• Victor Mordey, Chula Vista, CA, for the appellee.