Felder v. Wetzel, No. 12-1939 (1st Cir. 2012)Annotate this Case
In this Hague Convention case concerning claims by a motion of wrongful retention in this country of her fourteen-year-old daughter who was in need of emergency psychiatric care, the district court both denied relief and dismissed the Swiss mother's case. The district court interpreted orders of the relevant Swiss Guardianship Authority and a Swiss court as having stripped the mother of all custody rights so as to deprive the federal court of jurisdiction. The First Circuit Court of Appeals vacated the district court's dismissal of the case, holding that while the language of these orders was imprecise, the orders had a far more limited scope, and the federal court was required under the Convention to hear the case.