Skip to main content
· 9/15/2005

Henry G. Baxter v. Jody Amanda Baxter

Citations

  • 423 F.3d 363
  • 2005 U.S. App. LEXIS 19825
  • 2005 WL 2233259

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, even if the parent consented to the removal of the child, the respondent's retention of the child would violate the Hague Convention if such retention breached the terms and conditions of the consent
  • concluding that petitioner did not consent to a child’s removal where he agreed to allow the child to visit his grandmother’s house in the U.S. for a few months, but did not establish a firm plan to permanently move
  • noting that challenges relating to a parent’s fitness as a guardian are normally reserved for custody proceedings in the home-state’s family court system
  • noting that “unsupported allegations between the parties regarding their respective fitness as parents . . . . are normally reserved for a custody proceeding.” (citing Hague Convention, art. 19)
  • finding no consent or acquiescence where the petitioner “has vigorously objected [to the removal] and pursued his rights under the Convention”
  • finding a lack of financial support over a short period of just a few weeks to be insufficient

Source: CourtListener parenthetical corpus (CC0).

Judges: Scirica, Alito, Garth

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.