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Risk v. Halvorsen

936 F.2d 393 (1991)

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Risk v. Halvorsen

United States Court of Appeals for the Ninth Circuit

936 F.2d 393 (1991)

Facts

Larry Risk (plaintiff) married Elisabeth Antonsen Risk (Antonsen), a citizen of Norway, in 1977. In 1983, Risk and Antonsen moved to Norway with their two children. When Risk attempted to bring the children back to the United States, Antonsen received an order from a Norwegian court providing Risk with visitation rights. During the first visitation period, Risk returned to the United States with the children. In 1984, Antonsen filed a custody petition for the children, and the Superior Court of San Francisco awarded joint custody to the parents and prohibited Risk and Antonsen from removing the children from five counties in the San Francisco Bay area. The superior court also required the parties to surrender their children’s passports and prohibited Risk and Antonsen from applying for replacement passports without a court order. In July 1984, Antonsen returned to Norway with the children with help from Norwegian officials. In April 1988, Risk filed a lawsuit, alleging Norwegian government and consular officials (defendants) violated the California custody order by providing Antonsen with financial aid and travel documents necessary to return to Norway. The district court rejected jurisdiction over Norway under the discretionary-function exception in Section 1605(a)(5) of the Federal Sovereign Immunities Act (FSIA).

Rule of Law

Issue

Holding and Reasoning (Brunetti, J.)

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