Panteleris v. Panteleris

30 F. Supp. 3d 674, 2014 WL 3053211, 2014 U.S. Dist. LEXIS 92128
CourtDistrict Court, N.D. Ohio
DecidedJuly 7, 2014
DocketCase No. 4:14cv477
StatusPublished
Cited by1 cases

This text of 30 F. Supp. 3d 674 (Panteleris v. Panteleris) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Panteleris v. Panteleris, 30 F. Supp. 3d 674, 2014 WL 3053211, 2014 U.S. Dist. LEXIS 92128 (N.D. Ohio 2014).

Opinion

MEMORANDUM OF OPINION AND ORDER [Regarding ECF No. 1]

BENITA Y. PEARSON, District Judge.

Before the Court is the Complaint and Petition for Return of Children filed by [678]*678Anthimos Panteleris against Aalison Pan-teleris pursuant to the Convention on the Civil Aspects of International Child Abduction (the “Hague Convention”) and the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. § 11601 et seq. ECF No. 1. The Court has been informed, having reviewed the petition and having held an expedited hearing. For the reasons explained below, the Court grants the petition and orders that the children of Anthimos and Aalison Panteleris be returned to Australia.

I. Background

Petitioner Anthimos, a/k/a Michael, is a citizen and resident of Australia. ECF No. 1 at 1, ¶ 1. In 2005, while in the United States, Anthimos met and married Respondent Aalison, a United States citizen. Id. at 3, ¶ 10. Their first child, B.P., was born in the United States in November 2006. Id. at ¶ 11. In March 2007 the family moved to Australia. Id. -at ¶ 12. Their second child, H.P., was born in Australia in November 2008. Id. at ¶ 13. Their third child, Z.P., was born in Australia in December 2011. Id. at ¶ 14. All three children are citizens of the United States and Australia. Id. at 2, ¶ 3. The Court refers to the immediate family of Anthimos and Aalison Panteleris as the “Panteleris family.” When “family’ is used without being immediately preceded by Panteleris, the Court is referring to either the family of Anthimos or Aalison.

The Panteleris family lived in Australia for five years. Id. at ¶ 15. When they first arrived, they lived with Anthimos’s family in Melbourne. They later moved to Hamilton, a town five hours from Melbourne by public transportation. They moved back to Melbourne in 2011 and into a house owned by Anthimos’s grandmother.1 They lived with Anthimos’ family in the grandmother’s house for one year, until March 2012 when the Panteleris family traveled to the United States. At that time, the children were ages five, three, and four months. During the Panteleris family’s time in Australia, Aalison was the primarily breadwinner and Anthimos was the primary caregiver of the children.

In March 2012, the Panteleris family arrived in Hawaii, where they remained for approximately four weeks.2 In April 2012, the Panteleris family came to Salem, Ohio, Aalison’s hometown. Id. at 6, ¶ 27. After briefly moving in with Aalison’s mother, the couple entered into a 12-month lease on an apartment in the Northern District of Ohio. Id.

Anthimos describes the Panteleris family’s trip to the United States as “an extended, yearlong holiday in the United States, [with he and Aalison] agreeing that the entire family would stay for 6 months, and that, if necessary, Anthimos would then return to Australia to supplement the family’s income while the rest of the family remained in the United States for an additional 6 months.” Id. at 5, ¶ 24. At the Hearing, Anthimos testified that the reason for the trip was to allow Aalison to spend time with her family. He explained that, apart from a month-long visit to Ohio in 2008 after the death of her father, Aali-son had not seen her family since she moved to Australia. Aalison, for her part, [679]*679testified that the Panteleris family left Australia with the intention of moving to the United States.

The parties agree that the Panteleris family struggled financially throughout the couple’s marriage. In Ohio, as in Australia, Aalison worked and Anthimos stayed home and cared for the children. Aalison separated from her job in November 2012. Faced with depleted resources, Anthimos returned to Australia to obtain work because he was unable to work in the United States.3 Anthimos asserts that the couple agreed that, at the end of the year-long holiday in Ohio, Aalison and the children would return to Australia. Id.

In December 2, 2012, Anthimos began working after arriving in Australia but was laid off shortly thereafter. Id. at 6, ¶ 29. He stated that he and Aalison agreed the family would delay the return to Australia until he secured new employment. Id. Anthimos began working again in May 2013, at which time he stated that he “contacted [Aalison] to let her know about the job and that he was ready, willing, and able to move the entire family back to their home in Australia.” Id. at ¶ 30. He asserts that Aalison responded that she and the children would not be returning, and that she had met someone else. Id.

In June 2013, Anthimos contacted International Social Services in Australia, seeking the return of his children to Australia. Id. at ¶ 31. In November 2013, he filed applications for the return of his children to Australia under the Hague Convention. Id. at ¶ 32. On December 9, 2013, the Australian Central Authority for the Hague Convention referred the matter to the United States Central Authority, which is the United States Department of State, -Office of Children’s Issues. Id. at ¶ 33. On December 23, 2013, United States Department of State sent a “voluntary return letter” to Aalison. Id. at 7, ¶ 34. Aalison refused to voluntarily return the children to Australia. Id. .

On February 28, 2014, Anthimos filed a verified complaint and petition in the instant court. He alleges that Aalison violated Article 3 of the Hague Convention by wrongfully retaining the children in Ohio despite his efforts to have the children returned to Australia. Id. at ¶ 37. He submits this behavior violates Article 3 because it “is in violation of [his] right of custody under Australian law granting him parental responsibility” of his three children. Id. at 7-8, ¶ 40. He further states that, prior to Aalison’s alleged wrongful retention of the children, he had exercised his rights of custody with respect to his children and fulfilled his parental responsibilities to his children, which continue to the present time. Id. at 7, ¶ 36.

Anthimos filed a motion for a preliminary injunction and an expedited hearing. ECF No. 5. The parties jointly stipulated to maintain the status quo (ECF Nos. 13; 15), and the Court entered an Order, ECF No. 16, granting the motion for preliminary injunction, as stipulated. The Court held an Expedited Hearing on June 20, 2014.4 ECF No. 16.

[680]*680II. Law and Analysis

“The purpose of the Hague Convention is to ‘protect children internationally from the harmful effects of their wrongful removal or retention and to establish procedures to ensure their prompt return to the State of their habitual residence Robert v. Tesson, 507 F.3d 981, 988 (6th Cir.2007) (quoting the Hague Convention, Preamble). “The Convention seeks to ‘restore the pre-abduction status quo and to deter parents from crossing borders in search of a more sympathetic court.’ ” Id. (quoting Friedrich v. Friedrich, 78 F.3d 1060, 1064 (6th Cir.1996) (“Friedrich II ”)).

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Cite This Page — Counsel Stack

Bluebook (online)
30 F. Supp. 3d 674, 2014 WL 3053211, 2014 U.S. Dist. LEXIS 92128, Counsel Stack Legal Research, https://law.counselstack.com/opinion/panteleris-v-panteleris-ohnd-2014.