Souratgar v. Fair, No. 12-5088 (2d Cir. 2013)Annotate this Case
Respondent appealed the district court's grant of her husband's petition for repatriation of their son from New York to Singapore. At issue was whether respondent's affirmative defenses to repatriation should have prevailed in the district court. The court concluded that, under the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11, 670, 1343 U.N.T.S. 89, and its implementing statute, the International Child Abduction Remedies Act, 42 U.S.C. 11601-10, the evidence did not establish that the child faced a grave risk of physical or psychological harm upon repatriation (Article 13 defense). The court also held that it was not inclined to conclude that the presence of a Syariah Court in a foreign state whose accession to the Convention had been recognized by the United States was per se violative of all notions of due process; the court was also mindful of the need for comity; and, therefore, the district court did not err in rejecting respondent's Article 20 defense. Respondent's remaining arguments were without merit and the court affirmed the judgment.
The court issued a subsequent related opinion or order on June 26, 2013.