In re Ponath
United States District Court for the District of Utah
829 F. Supp. 363 (1993)
- Written by Meredith Hamilton Alley, JD
Facts
A husband (plaintiff), a wife (defendant), and their child resided together in Utah, then traveled to Germany to visit the husband’s family, with plans to return to Utah around February 1992. By February 1992, the wife wanted to return to Utah with the child, but the husband forced his wife and child to stay by using verbal, physical, and emotional abuse. A few months later, the husband told his wife that she could take their child to Utah if the wife wished to live without her husband. The wife and child returned to Utah in September 1992 and resided there. The husband returned to Utah in February 1993. In March 1993, the husband assaulted a family member while trying to visit his wife and child. In July 1993, the husband filed an action against his wife in the United States District Court for the District of Utah, alleging that she wrongfully removed the child from Germany under the terms of the Hague Convention on the Civil Aspects of International Child Abduction.
Rule of Law
Issue
Holding and Reasoning (Sam, J.)
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