Souratgar v. Fair

818 F.3d 72 (2016)

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Souratgar v. Fair

United States Court of Appeals for the Second Circuit
818 F.3d 72 (2016)

  • Written by Haley Gintis, JD

Facts

In 2007, Abdollah Naghash Souratgar (plaintiff) and Lee Jen Fair (defendant) married in Singapore. In 2009, the couple had a son, Shayan. In 2011, Fair moved with Shayan to the United States. Fair claimed that she left Souratgar because he was abusive. After Fair moved, Souratgar filed a suit in district court pursuant to the Hague Convention on the Civil Aspects of International Child Abduction. Souratgar argued that Shayan should be returned to Singapore. The district court held a hearing. The court found that most of Fair’s domestic-abuse claims were credible and that the domestic violence she suffered was the reason she left Singapore with Shayan. The court also found that Fair had not committed domestic abuse toward Souratgar. However, the court granted Souratgar’s petition. The matter was appealed. The court of appeals affirmed. Souratgar then filed a suit in district court pursuant to the International Child Abduction Remedies Act (ICARA). Souratgar requested that Fair pay for the expenses associated with Shayan’s return. In response, Fair argued that she should not be required to pay for Shayan’s return because of Souratgar’s domestic violence against her and because of her indigent status. The district court found Fair’s claims unpersuasive. Fair was ordered to pay about $283,000 for Shayan’s return. Fair appealed.

Rule of Law

Issue

Holding and Reasoning (Katzmann, C.J.)

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