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Pesin v. Rodriguez, 244 F.3d 1250 (11th Cir. 2001)

 

  

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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