USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 1 of 9
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 25-2023
AFFACHAO ABDON SAMEY,
Petitioner - Appellant,
v.
GRACE AGUEGUE; STEPHANO ADOUKONOU; FRANCOISE GAMBE,
Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Shiva Vafai Hodges, Magistrate Judge. (0:24-cv-05845-SVH)
Argued: January 27, 2026 Decided: April 1, 2026
Before QUATTLEBAUM, HEYTENS, and BERNER, Circuit Judges.
Affirmed by unpublished opinion. Judge Quattlebaum wrote the opinion, in which Judge Heytens and Judge Berner joined.
ARGUED: Scott Douglas MacLatchie, Jr., Matthew Adams Abee, NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Matthew B. Garry, MORVILLO ABRAMOWITZ GRAND IASON & ANELLO P.C., New York, New York, for Appellees. ON BRIEF: Connor T. Jasso, Harrison P. Williams, NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Karen R. King, MORVILLO ABRAMOWITZ GRAND IASON & ANELLO P.C., New York, New York, for Appellees. USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 2 of 9
Unpublished opinions are not binding precedent in this circuit.
2 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 3 of 9
QUATTLEBAUM, Circuit Judge:
Affachao Abdon Samey petitioned in the district court for the return of his child to
France under the Hague Convention on the Civil Aspects of International Child Abduction
and the International Child Abduction Remedies Act, 22 U.S.C. §§ 9001–11. He claimed
that relatives of the child’s mother—respondents Grâce Aguégué, Stéphano Adoukonou
and Françoise Gambe—wrongfully retained his daughter in the United States. After a
bench trial, the district court denied the petition. Samey now appeals. Finding no reversible
error, we affirm.
I.
A.
The Hague Convention on the Civil Aspects of International Child Abduction, Oct.
25, 1980, T.I.A.S. No. 11670 (Convention), “was adopted in 1980 in response to the
problem of international child abductions during domestic disputes,” Golan v. Saada, 596
U.S. 666, 670 (2022) (quoting Abbott v. Abbott, 560 U.S. 1, 8 (2010)). Both the United
States and France are parties to the Convention. And Congress has codified procedures for
implementing it.
The Convention is premised on the notion that a child’s interests are best served
when custody decisions are made in their country of “habitual residence.” Id. (quoting
Monasky v. Taglieri, 589 U.S. 68, 72 (2020)); Convention, pmbl. To effectuate this goal,
“the Convention generally requires the ‘prompt return’ of a child to the child’s country of
habitual residence when the child has been wrongfully removed to or retained in another
country.” Golan, 596 U.S. at 670 (quoting Convention, art. 1; citing id., art. 12). And in
3 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 4 of 9
this way, the Convention fixes the venue for custody battles—it does not provide a
framework for adjudicating “the merits of any underlying child custody claims.” See
§ 9001(b)(4); see also Convention, art. 19.
When a person claims “that a child has been removed or retained in breach of
custody rights,” that person may apply “for assistance in securing the return of the child.”
Convention, art. 8. In the United States, this application takes the form of a civil petition
filed in state or federal court. § 9003(a)–(b). To succeed, a petitioner “shall establish by a
preponderance of the evidence . . . that the child has been wrongfully removed or retained
within the meaning of the Convention.” Id. § 9003(e)(1)(A).
The Convention provides that removal or retention is wrongful where:
a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
Convention, art. 3. American courts have distilled a petitioner’s claim for wrongful
removal or retention into three elements. See, e.g., Miller v. Miller, 240 F.3d 392, 398 (4th
Cir. 2001). Mapped onto Samey’s claim here, he was required to show his daughter was
habitually resident in France at the time of her retention in the United States, her retention
was in violation of his custody rights under French law and he was exercising those rights
at the time of retention. See id.
4 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 5 of 9
When a district court determines that a child has been wrongfully removed or
retained away “from the child’s country of habitual residence, the court ordinarily must
order the child’s return.” Golan, 596 U.S. at 669. For instance, “[w]here a child has been
wrongfully removed or retained” under Article 3 and less than one year has elapsed
between “the commencement of proceedings” and “the date of the wrongful removal or
retention,” the district court “shall order the return of the child forthwith.” Convention, art.
12; see also § 9003(b), (d).
But there are exceptions to this rule. Golan, 596 U.S. at 669. Relevant here, if more
than a year has passed, the district court does not have to order return if “it is demonstrated
that the child is now settled in its new environment.” Convention, art. 12. This is known as
the well-settled defense, and a respondent bears the burden of proving it by a
preponderance of the evidence. § 9003(e)(2)(B). In addition, under Article 13b, the district
court “is not bound to order the return of the child” if a respondent establishes “a grave risk
that his or her return would expose the child to physical or psychological harm or otherwise
place the child in an intolerable situation.” Convention, art. 13. A respondent asserting this
grave-risk defense must prove it by clear and convincing evidence. § 9003(e)(2)(A).
Nevertheless, Articles 12 and 13 “do not limit the power of” the district court “to order the
return of the child at any time.” Convention, art. 18.
B.
Prisca Aguégué and Samey, a French citizen, had a daughter together in Cotonou,
Benin—a small country on the West African coast—in 2016. They married a couple of
years later. Shortly after that, they all left Benin to live in France.
5 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 6 of 9
A few years later, Prisca was diagnosed with leukemia. She was treated at a hospital
in Paris, and Samey spent time with her at the hospital most days. For a while, neighbors
and friends helped care for their young child. But eventually, Samey and Prisca agreed for
the child to travel over the summer to Lancaster, South Carolina, to spend time with Grâce
Aguégué (Prisca’s sister and the child’s aunt), Stéphano Adoukonou (Prisca’s brother-in-
law and the child’s uncle) and Françoise Gambe (Prisca’s mother and the child’s
grandmother).
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USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 1 of 9
UNPUBLISHED
UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT
No. 25-2023
AFFACHAO ABDON SAMEY,
Petitioner - Appellant,
v.
GRACE AGUEGUE; STEPHANO ADOUKONOU; FRANCOISE GAMBE,
Respondents - Appellees.
Appeal from the United States District Court for the District of South Carolina, at Rock Hill. Shiva Vafai Hodges, Magistrate Judge. (0:24-cv-05845-SVH)
Argued: January 27, 2026 Decided: April 1, 2026
Before QUATTLEBAUM, HEYTENS, and BERNER, Circuit Judges.
Affirmed by unpublished opinion. Judge Quattlebaum wrote the opinion, in which Judge Heytens and Judge Berner joined.
ARGUED: Scott Douglas MacLatchie, Jr., Matthew Adams Abee, NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Matthew B. Garry, MORVILLO ABRAMOWITZ GRAND IASON & ANELLO P.C., New York, New York, for Appellees. ON BRIEF: Connor T. Jasso, Harrison P. Williams, NELSON MULLINS RILEY & SCARBOROUGH LLP, Columbia, South Carolina, for Appellant. Karen R. King, MORVILLO ABRAMOWITZ GRAND IASON & ANELLO P.C., New York, New York, for Appellees. USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 2 of 9
Unpublished opinions are not binding precedent in this circuit.
2 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 3 of 9
QUATTLEBAUM, Circuit Judge:
Affachao Abdon Samey petitioned in the district court for the return of his child to
France under the Hague Convention on the Civil Aspects of International Child Abduction
and the International Child Abduction Remedies Act, 22 U.S.C. §§ 9001–11. He claimed
that relatives of the child’s mother—respondents Grâce Aguégué, Stéphano Adoukonou
and Françoise Gambe—wrongfully retained his daughter in the United States. After a
bench trial, the district court denied the petition. Samey now appeals. Finding no reversible
error, we affirm.
I.
A.
The Hague Convention on the Civil Aspects of International Child Abduction, Oct.
25, 1980, T.I.A.S. No. 11670 (Convention), “was adopted in 1980 in response to the
problem of international child abductions during domestic disputes,” Golan v. Saada, 596
U.S. 666, 670 (2022) (quoting Abbott v. Abbott, 560 U.S. 1, 8 (2010)). Both the United
States and France are parties to the Convention. And Congress has codified procedures for
implementing it.
The Convention is premised on the notion that a child’s interests are best served
when custody decisions are made in their country of “habitual residence.” Id. (quoting
Monasky v. Taglieri, 589 U.S. 68, 72 (2020)); Convention, pmbl. To effectuate this goal,
“the Convention generally requires the ‘prompt return’ of a child to the child’s country of
habitual residence when the child has been wrongfully removed to or retained in another
country.” Golan, 596 U.S. at 670 (quoting Convention, art. 1; citing id., art. 12). And in
3 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 4 of 9
this way, the Convention fixes the venue for custody battles—it does not provide a
framework for adjudicating “the merits of any underlying child custody claims.” See
§ 9001(b)(4); see also Convention, art. 19.
When a person claims “that a child has been removed or retained in breach of
custody rights,” that person may apply “for assistance in securing the return of the child.”
Convention, art. 8. In the United States, this application takes the form of a civil petition
filed in state or federal court. § 9003(a)–(b). To succeed, a petitioner “shall establish by a
preponderance of the evidence . . . that the child has been wrongfully removed or retained
within the meaning of the Convention.” Id. § 9003(e)(1)(A).
The Convention provides that removal or retention is wrongful where:
a it is in breach of rights of custody attributed to a person, an institution or any other body, either jointly or alone, under the law of the State in which the child was habitually resident immediately before the removal or retention; and
b at the time of removal or retention those rights were actually exercised, either jointly or alone, or would have been so exercised but for the removal or retention.
Convention, art. 3. American courts have distilled a petitioner’s claim for wrongful
removal or retention into three elements. See, e.g., Miller v. Miller, 240 F.3d 392, 398 (4th
Cir. 2001). Mapped onto Samey’s claim here, he was required to show his daughter was
habitually resident in France at the time of her retention in the United States, her retention
was in violation of his custody rights under French law and he was exercising those rights
at the time of retention. See id.
4 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 5 of 9
When a district court determines that a child has been wrongfully removed or
retained away “from the child’s country of habitual residence, the court ordinarily must
order the child’s return.” Golan, 596 U.S. at 669. For instance, “[w]here a child has been
wrongfully removed or retained” under Article 3 and less than one year has elapsed
between “the commencement of proceedings” and “the date of the wrongful removal or
retention,” the district court “shall order the return of the child forthwith.” Convention, art.
12; see also § 9003(b), (d).
But there are exceptions to this rule. Golan, 596 U.S. at 669. Relevant here, if more
than a year has passed, the district court does not have to order return if “it is demonstrated
that the child is now settled in its new environment.” Convention, art. 12. This is known as
the well-settled defense, and a respondent bears the burden of proving it by a
preponderance of the evidence. § 9003(e)(2)(B). In addition, under Article 13b, the district
court “is not bound to order the return of the child” if a respondent establishes “a grave risk
that his or her return would expose the child to physical or psychological harm or otherwise
place the child in an intolerable situation.” Convention, art. 13. A respondent asserting this
grave-risk defense must prove it by clear and convincing evidence. § 9003(e)(2)(A).
Nevertheless, Articles 12 and 13 “do not limit the power of” the district court “to order the
return of the child at any time.” Convention, art. 18.
B.
Prisca Aguégué and Samey, a French citizen, had a daughter together in Cotonou,
Benin—a small country on the West African coast—in 2016. They married a couple of
years later. Shortly after that, they all left Benin to live in France.
5 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 6 of 9
A few years later, Prisca was diagnosed with leukemia. She was treated at a hospital
in Paris, and Samey spent time with her at the hospital most days. For a while, neighbors
and friends helped care for their young child. But eventually, Samey and Prisca agreed for
the child to travel over the summer to Lancaster, South Carolina, to spend time with Grâce
Aguégué (Prisca’s sister and the child’s aunt), Stéphano Adoukonou (Prisca’s brother-in-
law and the child’s uncle) and Françoise Gambe (Prisca’s mother and the child’s
grandmother).
On June 28, 2022, the child flew to the United States to be with her relatives in
Lancaster. She continues to live with those relatives in Lancaster today. Unfortunately,
Prisca died from leukemia in September 2023. Samey claims that he tried to arrange for
the child’s return before and after Prisca’s death. He also claims respondents resisted these
efforts, requiring him to submit a request to French authorities under the Hague Convention
on October 27, 2023, for his daughter’s return. Respondents dispute these claims.
On October 14, 2024, Samey petitioned the district court under the Convention and
§ 9003(b) for his daughter’s return to France, alleging wrongful retention in South Carolina
by respondents. Respondents asserted various affirmative defenses, including the well-
settled and grave-risk defenses. The district court held a two-day bench trial. Afterwards,
the district court issued findings of fact and conclusions of law. It held that Samey had not
met his burden of establishing wrongful retention. The district court also held that
respondents satisfied their burden of proving the well-settled and grave-risk affirmative
6 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 7 of 9
defenses. Last, the district court declined to exercise its discretion to return the child to
France. Samey timely appealed, challenging each of the district court’s conclusions. 1
II.
In a Hague Convention case, we review the district court’s findings of fact for clear
error and its legal conclusions de novo. See Monasky, 589 U.S. at 83; see also Maxwell v.
Maxwell, 588 F.3d 245, 250 (4th Cir. 2009). A factual “finding is clearly erroneous when
although there is evidence to support it, the reviewing court on the entire evidence is left
with the definite and firm conviction that a mistake has been committed.” Tekmen v.
Reliance Standard Life Ins. Co., 55 F.4th 951, 964 (4th Cir. 2022) (quoting Wall v. Rasnick,
42 F.4th 214, 220 (4th Cir. 2022)).
Samey raises several challenges to the district court’s conclusion that he did not
prove wrongful retention. But even assuming error on the part of the district court on this
issue, the district court also held that respondents had established the grave-risk defense.
And because we find no reversible error in that conclusion, we affirm. 2
The district court found respondents had proved that if returned to France, there was
a grave risk the child would be abused. Samey vigorously challenges that finding. He points
1 The district court had jurisdiction over Samey’s petition. 22 U.S.C. § 9003(a); 28 U.S.C. § 1331. The magistrate judge had jurisdiction to resolve this dispute upon consent of the parties. 28 U.S.C. § 636(c)(1). We have jurisdiction under 28 U.S.C. § 1291. 2 Because we affirm the district court’s grave-risk conclusion, we do not consider its discussion of the well-settled defense. 7 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 8 of 9
to evidence that respondents manufactured allegations of abuse against him. He also argues
that the district court erred in crediting a forensic interview of his daughter during which
she described the alleged abuse. But there was also evidence supporting the district court’s
conclusion—that the allegations were not made up and that the forensic interview was
credible. So, applying our clear error standard of review, we are not left with the definite
and firm conviction that a mistake has been committed. Thus, on this record, the district
court did not clearly err in finding the child faced a grave risk of harm if she were returned
to France.
In addition, Samey argues the district court erred by not considering two
arguments—that French authorities could protect his daughter and that the family’s friends
in France could watch the child until French custody proceedings concluded—when
making its grave-risk finding. But the district court considered the adequacy of French law
enforcement and concluded this fact did not change its calculus given the evidence of abuse
in the record. And though the district court did not mention the testimony that friends in
France could care for the child, we do not require district courts to explicitly recite the
entire record when rendering a decision. See Platt v. Mansfield, 162 F.4th 430, 441 (4th
Cir. 2025) (recognizing district court need not “explicitly address” every issue).
Here, because the district court found credible evidence of sexual and physical abuse
and rejected the argument that the availability of French law enforcement sufficiently
mitigated the risk posed by this abuse, the district court did not err when it did not explicitly
address the related argument—that the availability of family friends in France lessened the
danger posed by abuse. Cf. Golan, 596 U.S. at 680 (noting that sexual and physical abuse
8 USCA4 Appeal: 25-2023 Doc: 52 Filed: 04/01/2026 Pg: 9 of 9
constitute “intolerable situation[s]” and “obvious grave risk[s]” to a “child’s safety that
c[an] not readily be ameliorated”).
Though our deferential standard of review compels this conclusion, Hague
Convention proceedings are solely determinations of venue. Accordingly, any findings,
including a finding of grave risk, “shall not be taken to be a determination on the merits of
any custody issue.” See Convention, art. 19.
C.
Finally, Samey claims the district court should have ordered the child’s return to
France anyway. Recall that Article 18 “do[es] not limit the power of” the district court “to
order the return of the child at any time.” Id., art. 18. Indeed, “courts retain the discretion
to order return even if one of the exceptions is proven.” Miller, 240 F.3d at 402 (quoting
Feder v. Evans-Feder, 63 F.3d 217, 226 (3d Cir. 1995)). In considering this issue, the
district court examined several equitable factors, including the child’s interest in returning
to France, the child’s need for contact with Samey and whether respondents acted
inequitably. The district court discussed evidence and argument from both sides before
concluding that the child should not be returned to France. Given that record, the district
court did not err in refusing to order discretionary return of the child under Article 18.
III.
For the foregoing reasons, the district court’s order is,
AFFIRMED.