Cuellar v. Joyce
United States Court of Appeals for the Ninth Circuit
596 F.3d 505 (9th Cir. 2010)
Relevant factsFree
After Joyce (defendant) took his daughter K.C. from Panama to the U.S. without Cuellar's (plaintiff's) knowledge, he opposed Cuellar's Hague Convention petition for K.C.'s return by citing Cuellar's poverty, an unsubstantiated medical diagnosis from a physician he never called to testify, and K.C.'s new attachment to her U.S. home; the district court found a grave risk of harm and denied the return petition.
IssueFree
Whether a court must return an abducted child to his or her country of habitual residence if there is no grave risk that the return would expose the child to physical or psychological harm or otherwise place the child in an intolerable situation.