FRIEDRICH V. FRIEDRICH
78 F.3d 1060 (6th Cir. 1996)
NATURE OF THE CASE: This was a case of international child abduction. Jeana (W), mother,
sought review of an order, which required M to return the parties' child to Emanuel (H), in
Germany pursuant to the Hague Convention on the Civil Aspects of International Child
Abduction, Oct. 25, 1980, and the International Child Abduction Remedies Act, 42 U.S.C.S.
11601-11610.
FACTS: Jeana (W), a U.S. servicewoman, stationed in Germany, gave birth to Thomas.
Emanuel (H) was the father. H and W separated and less than a week later, W took the boy to
the U.S. in August 2, 1991. H sought the return of the boy and in German family court and
got an award of custody. H then filed this action in Ohio. The case was first heard three
years ago at which time this court reversed the district court's denial of H's claim. The
case was remanded and a new hearing was held. The district court then held that at the time
of removal on August 1, 1991, H was exercising custody rights under German law. The court
held that W had not established any affirmative defenses under the Convention and ordered
the return of the child to H but stayed the order by posting of a bond pending appeal. W
appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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