Blondin v. Dubois

189 F.3d 240 (2nd Cir. 1999)

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Nature of the Case

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Facts

H and W met in the summer of 1990 and began living together but never wed. A daughter was born in 1991 and a son in 1995. Family life was turbulent. W testified that H beat her and that he did so with the children in her arms and that once H twisted an electrical cord around her neck and threatened to kill her. W left the home and went to live in a battered women's shelter, but once again W returned to H. The cycle repeated itself. Eventually, the parties went to court, but that case was dropped when they reconciled once again. H and W continued in their ways with H beating W. Eventually W took the children from France to the U.S. W concedes that she wrongfully removed the children from France and even forged the signature of H to obtain passports for the children. W contends that she did this to protect the children from a physically abusive environment. H denies that he has abused the children. H sought a court order in France that sought the children's return to France under The Hague Convention. The court held an immediate evidentiary hearing under The Hague Convention. It was determined that H was abusive and hit the children as well. The older child told the judge that both parents beat her but that H did so more than W. H's Hague petition was denied; the children would face a grave risk if returned to H's custody and that H would be unable to support the children. H appealed. The French authorities were contacted and assured the U.S court that measures would be taken to assure the children's safety if returned while a French court determined custody.