Bader v. Kramer

484 F.3d 666 (2007)

From our private database of 45,900+ case briefs, written and edited by humans—never with AI.

Bader v. Kramer

United States Court of Appeals for the Fourth Circuit
484 F.3d 666 (2007)

Facts

Ulrich Bader (plaintiff) and Sonja Kramer (defendant) married and resided in Germany. C.J.B. was born to the marriage in 1999. Bader and Kramer separated in August 2000. Bader was convicted of weapons charges and sentenced to three and a half years of prison. Bader and Kramer divorced in German court in June 2002. Bader was released from prison and visited with C.J.B. in December 2002 and January 2003. Kramer and Bader each filed petitions in German court for sole custody. In March 2003, the German court set a visitation schedule and ordered Bader to pay monthly child support, which he paid, in addition to supporting C.J.B. financially during visits. In April 2003, C.J.B. was visiting Bader at his home when Kramer picked up C.J.B. and took C.J.B. to the United States without Bader’s knowledge or consent. Bader filed a request for return of child with the German Central Authority, pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). The German court granted sole custody of C.J.B. to Bader in December 2003. Bader subsequently filed a Hague Convention petition in federal court in the United States alleging that Kramer wrongfully removed C.J.B. from Germany. In the ensuing litigation in the United States, the district court established that Bader was “actually exercising” his custody rights when Kramer took C.J.B. to the United States. That finding was the first step in its determination that Kramer wrongfully removed C.J.B. from Germany. Consequently, the United States court ordered C.J.B.’s return to Germany. Kramer appealed, arguing that Bader was not “actually exercising” his custody rights when Kramer took C.J.B. to the United States.

Rule of Law

Issue

Holding and Reasoning (Shedd, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 742,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 742,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 45,900 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 742,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 45,900 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership