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Silverman v. Silverman, 267 F.3d 788 (8th Cir. 2001)

In Silverman v. Silverman, 267 F.3d 788 (8th Cir. 2001) the federal district court held that it could not dismiss, on the basis of the Younger Abstention Doctrine, a father's petition under the Hague Convention, notwithstanding the mother's ongoing custody proceedings in state court. The petition sought a determination that the father's children were wrongfully removed by their mother from Israel to the United States. The court found that the relief sought was not discretionary, but mandatory, because the Convention required the court to determine whether the children were, in fact, wrongfully removed.