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Pesin v. Rodriguez, 244 F.3d 1250 (11th Cir. 2001)
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In Pesin v. Rodriguez, 244 F.3d 1250 (11th Cir. 2001)
the fugitive disentitlement doctrine was invoked. Pesin sought the
return of his two children to Venezuela from the United States, where
they were being held by the Mother. The Federal District Court
issued a warrant for the Mother's
arrest when she failed to appear in court and return the children to
Venezuela after the petition was granted. The Mother appealed and the
Eleventh Circuit Court of Appeals held:
A [The Mother] has repeatedly
defied the court orders and ignored contempt sanctions and has continued
to evade arrest. Her behavior to date leaves little doubt that she would
defy an adverse ruling. Moreover, it would be inequitable to allow [the
Mother] to use the resources of the courts only if the outcome is a
benefit to her. We cannot permit [the Mother] to reap the benefits of a
judicial system the orders of which she has continued to flaunt.
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