Radu v. Shon

The Hague Convention directs courts to “act expeditiously in proceedings for the return of children.” Convention Art. 11.

After the family established residence in Germany, Petitioner took their children to the United States and refused to return them at Respondent’s request. Per the Hague Convention, Respondent sought return of the children to determine custody in Germany: the “country of habitual residence.” The district court ordered the return of the children three times, and Petitioner appealed all three orders. The first decision was vacated and remanded; the second was remanded in light of the Supreme Court’s decision in Golan v. Saada, 142 S. Ct. 2861 (2022). Most recently, the district court held that the record showed sufficient ameliorative steps to allow return of the children to Germany. The Hague Convention directs courts to “act expeditiously in proceedings for the return of children.” Convention Art. 11. The Court reasoned that the expeditious return required by the Convention supported the lower court’s discretionary decision to deny a rehearing on a fully-developed record. The Court further reasoned the court did not abuse its discretionary power by independently evaluating foreign law. The Court concluded that the ameliorative measures in place mitigate any risks “based on the current circumstances.” AFFIRMED.