BLONDIN V. DUBOIS 189 F.3d 240 (2nd Cir. 1999) CASE BRIEF

BLONDIN V. DUBOIS

189 F.3d 240 (2nd Cir. 1999)

NATURE OF THE CASE: This was an international child custody dispute.

FACTS: H and W met in the summer of 1990 and began living together but never wed. A daughter was born in 1991 and a son in 1995. Family life was turbulent. W testified that H beat her and that he did so with the children in her arms and that once H twisted an electrical cord around her neck and threatened to kill her. W left the home and went to live in a battered women's shelter but once again W returned to H. The cycle repeated itself. Eventually the parties went to court but that case was dropped when they reconciled once again. H and W continued in their ways with H beating W. Eventually W took the children from France to the U.S. W concedes that she wrongfully removed the children from France and even forged the signature of H to obtain passports for the children. W contends that she did this to protect the children from a physically abusive environment. H denies that he has abused the children. H sought a court order in France that sought the children's return to France under The Hague Convention. The court held an immediate evidentiary hearing under The Hague Convention. It was determined that in fact H was abusive and hit the children as well. The older child told the judge that both parents beat her but that H did so more than W. H's Hague petition was denied; the children would face a grave risk if returned to H's custody and that H would be unable to support the children. H appealed. The French authorities were contacted and assured the U.S court that measures would be taken to assure the children's safety if returned while a French court determined custody.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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