Friedrich v. Friedrich
United States Court of Appeals for the Sixth Circuit
78 F.3d 1060 (1996)
Jeana Friedrich (defendant), an American servicewoman stationed in Germany, married Emanuel Friedrich (plaintiff), a German citizen. The Friedrichs had a son, Thomas. When Thomas was two years old, Jeana and Emanuel separated. Days later, Jeana moved with Thomas to her family’s home in Ohio without informing Emanuel. Emanuel obtained an order from a German court granting custody of Thomas. Emanuel then filed suit against Jeana in federal district court, seeking the Thomas's return pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (the Convention) and its implementing legislation, the International Child Abduction Remedies Act (the Act), 42 U.S.C. §§ 11601-10. The district court denied Emanuel’s petition, and Emanuel appealed. The court of appeals reversed the judgment of the district court and remanded the matter for a determination of whether, as a matter of German law, Emanuel was exercising custody rights to Thomas at the time of Thomas’s removal and whether Jeana could adequately prove any of the four affirmative defenses provided by the Convention and the Act. After a new hearing, the district court held that Emanuel was exercising custody rights to Thomas pursuant to German law and that Jeana had failed to establish any affirmative defenses. The district court ordered that Thomas return to Germany with Emanuel. Jeana appealed. The district court stayed its order pending the appeal.
Rule of Law
Holding and Reasoning (Boggs, J.)
What to do next…
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 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
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. Read more about Quimbee.
Here's why 174,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 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.