[Download] "In Re Marriage of Witherspoon" by Colorado Supreme Court # eBook PDF Kindle ePub Free
eBook details
- Title: In Re Marriage of Witherspoon
- Author : Colorado Supreme Court
- Release Date : January 27, 2007
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 78 KB
Description
Danny Witherspoon challenges the trial courts order (a) requiring the return to Germany of his two children from his marriage with Julie Witherspoon under the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25 1980, T.I.A.S. No. 11670, 1343 U.N.T.S. 49 (reprinted at 51 Fed.Reg. 10494 (Mar. 26, 1986)) (Convention), (b) declaring California an inconvenient forum for adjudicating their custody dispute, and (c) awarding Julie temporary custody of the children pending their return to Germany. We conclude the trial court erred in failing to make factual findings regarding certain enumerated exceptions to the childrens return under the Convention, and in awarding temporary custody of the children to Julie without considering whether doing so would pose a substantial risk of harm to them. We therefore reverse the order and remand for further proceedings.