Father, who resided in Canada, brought action against mother, a United States citizen who took parties’ three year old child to live with her in the United States, seeking return of child under International Child Abduction Remedies Act. The United States District Court for the Northern District of Illinois ordered the child returned to Canada with father. Mother appealed. The Court of Appeals held that the district courts evidentiary hearing was inadequate, where the court failed to make findings of fact on key issues, as required by federal civil procedural rules, and failed to allow psychological evidence.
Laura Morgan is a Family Law Consultant. Laura is available for consultation, brief writing and research on family law issues throughout the country. She can be reached through her website. www.famlawconsult.com