[HOME]

      nysdivorce.com    brandeslaw.com

^{The definitive site on the web for New York Divorce and Family Law.}

Raijmakers-Eghaghe v. Haro, 131 F.Supp.2d 953 (E. D. Mich. 2001)

 In Raijmakers-Eghaghe v. Haro, 131 F.Supp.2d 953 (E. D. Mich. 2001), the ex-wife, a Dutch citizen living in the Netherlands, sued ex-husband, an American citizen living in Michigan, seeking the return of the children to the Netherlands. The District Court, held that the ex-husband failed to prove that the children would face a grave risk of physical or psychological harm were they repatriated to the Netherlands, and the genuine issues of material fact precluded summary judgment as to the applicability of ICARA's maturity exception. The court held that it was not precluded, as a matter of law, from taking into account the views of an eight-year-old child under the maturity exception of the International Child Abduction Remedies Act as the Convention contained no age limit for applying this exception.