Ogawa v. Kang, No. 18-4082 (10th Cir. 2020)Annotate this Case
Japanese national Takeshi Ogawa brought a Hague Convention action against his former wife, South Korean national Kyong Kang, alleging that she wrongfully removed their twin daughters from Japan to the United States in violation of his rights of custody and seeking an order requiring the twins to return to Japan. The district court disagreed and denied Ogawa’s petition, concluding that: (1) the twins’ removal to the United States did not violate Ogawa’s rights of custody, and alternatively, (2) even if their removal was wrongful, the twins objected to returning to Japan. Ogawa appealed. After review, the Tenth Circuit Court of Appeals determined Ogawa failed to make a prima facie showing that he had any rights of custody as the Convention defined them. Accordingly, it affirmed the district court’s order.