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