Smedley v. Smedley, No. 14-1414 (4th Cir. 2014)Annotate this Case
A German court denied Father's petition under the Hague Convention on the Civil Aspects of International Child Abduction, T.I.A.S. No. 11,670, 1343 U.N.T.S. 98, and a German appellate court affirmed. Consequently, Mother did not have to return the children to North Carolina. On a one-month visit to North Carolina, Father decided to keep the children. The district court accorded comity to the German appellate court's decision and granted Mother's Hague petition. The children were ordered to return to Germany. Father appealed. The court rejected Father's arguments on appeal and concluded that the district court properly extended comity because the German court's decision neither clearly misinterpreted the Hague Convention nor failed to meet a minimum standard of reasonableness. Accordingly, the court affirmed the judgment of the district court.