Van de Sande v. Van de Sande

Davy (plaintiff), a Belgian national, and Jennifer (defendant), an American, lived in Belgium with their two children until Jennifer told Davy during a U.S. visit that she and the children wouldn't return; Davy obtained an ex parte Belgian custody order and sued under the International Child Abduction Remedies Act (ICARA), implementing the Hague Convention, seeking the children's return. Jennifer offered affidavits from herself, family, and a friend detailing Davy's years of physical and verbal abuse toward her (including in front of the children), physical abuse of their older child, and threats to kill the whole family; the district court nonetheless granted Davy summary judgment, reasoning the children could be adequately protected in Belgium, and Jennifer appealed.