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Rydder v Rydder, 49 F.3d 369 (8th Cir.,1995)

 

In Rydder v Rydder, 49 F.3d 369 (8th Cir.,1995) the district court determined that Poland was the habitual residence of the children and that their mother wrongfully removed them to the United States. Subsequently, the district court ordered Mrs. Rydder to pay all of Mr. Rydder's attorney fees, legal costs, and expenses relating to the return of the children. The attorney fees and legal costs totalled $18,487.42, and the related expenses total 9,667.40. Mrs. Rydder owned stock valued at $18,683, and has worked sporadically as a substitute teacher since her return to Iowa. Her own legal expenses were estimated at $8,506.40.The Circuit Court of Appeals reversed. It pointed out that ICARA requires any court ordering the return of a child under the Hague Convention to award fees and costs to the successful party unless such order would be "clearly inappropriate." Because of Mrs. Rydder's straitened financial circumstances, it found the award of fees and legal costs to Mr. Rydder so excessive as to constitute an abuse of discretion. An award of $10,000, rather than $18,487.42, was more equitable in this particular case.

 

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