Simcox v. Simcox
United States Court of Appeals for the Sixth Circuit
511 F.3d 594 (2007)
- Written by Haley Gintis, JD
Facts
In 2006, Claire Simcox (defendant) left Mexico for Ohio with the Simcox’s five children because of Joseph Simcox’s (plaintiff) abusive behavior, which included yelling at, beating, and whipping the children. Joseph petitioned for the children to be returned to Mexico pursuant to the Hague Convention on Civil Aspects of International Child Abduction (1980 Hague Convention). Claire argued that the children would be put in grave risk of harm and in an intolerable situation if required to return. The court found that Joseph had physically and emotionally abused the children but that the abuse was not severe enough to create a grave risk of harm or an intolerable situation. The court ordered the return of the three youngest children who were not old enough to express a custody preference. The order included specific underpinnings to protect the children, such as requiring that Claire maintain custody. Claire appealed.
Rule of Law
Issue
Holding and Reasoning (Boggs, J.)
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