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Marriage of Witherspoon

155 Cal. App. 4th 963, 66 Cal. Rptr. 3d 586 (2007)

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Marriage of Witherspoon

California Court of Appeal
155 Cal. App. 4th 963, 66 Cal. Rptr. 3d 586 (2007)

Facts

Danny Witherspoon (plaintiff) and Julie Witherspoon (defendant) were married and had two children. Julie joined the Army reserves, and in 1998 she left Danny and took the children with her. Julie was deployed to Germany, and the children moved there in early 2003. In July 2006, the children became ill and were hospitalized in Germany. Julie threatened to hurt herself and the children, so the children were not released to her. The children entered and remained in foster care until they went to California to live with Danny in August 2006. Danny filed a petition for dissolution in California. In October 2006, Julie petitioned the California court to return the children to Germany pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (Hague Convention). Danny and Julie agreed that Germany was the children’s habitual residence, and the trial court found that Danny and Julie shared custody under German law. Danny argued that his removal of the children to Germany was not wrongful because German law permitted him to determine the children’s residence. The California court granted Julie’s petition and ordered the children’s return to Germany. Danny appealed, arguing that his removal was not wrongful.

Rule of Law

Issue

Holding and Reasoning (Aronson, J.)

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