Leser v. Berridge, No. 11-1094 (10th Cir. 2011)Annotate this Case
Respondent Alena Berridge relocated to Denver, Colorado from the Czech Republic with her two children. Subsequently, Petitioner Max Joseph Lesler, Respondent’s ex-husband and father of the children, filed a petition seeking return of the children to the Czech Republic pursuant to the Hague Convention and ICARA. In this appeal, the issue before the Tenth Circuit was whether the Court could grant any meaningful relief when the district court granted a petition for the return of children based not on a finding of wrongful removal, but instead on the parents' stipulation that the children would return to the country of habitual residence for a custody hearing. Upon review, the Tenth Circuit held this action was moot, resting on the fact that the district court made no finding of wrongful removal, and not on the basis of the children's then-current location. Accordingly, the appeal was dismissed and the district court's opinion was vacated. The case was remanded for dismissal due to lack of subject matter jurisdiction.