Steven Neumann v. Julie Neumann

684 F. App'x 471
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 28, 2017
Docket16-1825
StatusUnpublished
Cited by9 cases

This text of 684 F. App'x 471 (Steven Neumann v. Julie Neumann) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Steven Neumann v. Julie Neumann, 684 F. App'x 471 (6th Cir. 2017).

Opinions

ROGERS, Circuit Judge.

In this difficult case under the Hague Abduction Convention, the district court ordered two children to be returned to Mexico after carefully analyzing whether, under the terms of the Convention, returning them posed “a grave risk” of “exposing] [them] to physical or psychological harm or otherwise placing] [them] in an intolerable situation.” The district court concluded that the return posed no such grave risk. Because of a stay pending appeal entered by this court, however, the return has not been carried out, and circumstances have changed materially. Most significantly, neither parent now resides in Mexico, and if the children are returned [473]*473there, the Mexican court may no longer be able, practically or legally, to resolve the custody dispute between two American parents over their American children. Under our precedent, that potential inability of the foreign court to resolve the custody dispute may pose “a grave risk” of “an intolerable situation” to the children. A return order is premised on the risks at the time of the actual return, and the district court has not had a meaningful chance to evaluate, in light of the material change in circumstances, whether there is a “grave risk” under the Convention when the children would now be returned. In this unusual circumstance, a remand is warranted so that the district court may consider in the first instance whether returning the children to Mexico will now expose them to “a grave risk” of harm or of an intolerable situation.

I.

Mr. Steven Neumann sued his wife, Ms. Julie Neumann, seeking an order to return their three children to Mexico under the Hague Abduction Convention. The Hague Convention on the Civil Aspects of International Child Abduction (the “Hague Abduction Convention”), Oct. 25, 1980, T.I.A.S. No. 11670, 1343 U.N.T.S. 89, tries to solve the jurisdictional problem that arises when one parent, often during a marital dispute, internationally distances the marital children from the other parent, íhe U.S. Congress has implemented the Convention, and has adopted the Convention’s aims, in the International Child Abduction Remedies Act (“ICARA”). 22 U.S.C. §§ 9001-11. When the children’s removal violates the distanced parent’s custodial rights under the laws of the children’s country of habitual residence, the Convention generally requires member states to return the children, so that the proper court may adjudicate custody over the children. Hague Abduction Convention, art. 1; 22 U.S.C. § 9001(a)(4). “That rule ... was designed to protect the interests of the state of habitual residence in determining any custody dispute, and to deter parents from unilaterally removing children in search of a more sympathetic forum.” Simcox v. Simcox, 511 F.3d 594, 604 (6th Cir. 2007) (citation omitted). “The driving objective of the [Convention] is to facilitate custody adjudications, promptly and exclusively, in the place where the child habitually resides.” Chafin v. Chafin, 568 U.S. 165, 133 S.Ct. 1017, 1028, 185 L.Ed.2d 1 (2013) (Ginsburg, J., concurring).

Consistent with the aims of the Convention, this court, when faced with the claim under ICARA that a parent has wrongfully removed children from their country of habitual residence, limits its adjudication to the abduction claim. It does not adjudicate the merits of any underlying custody dispute. Friedrich v. Friedrich (Friedrich II), 78 F.3d 1060, 1063 (6th Cir. 1996). However, importantly for this case, return need not be ordered where “there is a grave risk that [the] return would expose the child to physical or psychological harm or otherwise place the child in an intolerable position.” Hague Abduction Convention, art. 3.

The Neumanns had been living in Michigan for more than a decade when they moved to Mexico. After nearly four years in Mexico, during which the three children attended school there and made friends there, Ms. Neumann fled the country to Michigan with them, leaving her husband behind. Just days before Ms. Neumann left Mexico with the children, Mr. Neumann had been drinking heavily again and, while arguing, had pushed Ms. Neumann across the kitchen, leaving her with three broken ribs.

[474]*474Julie Neumann and Steven Neumann were married in 1997. They have three children: JMN, JSN, and MKN. JMN, a daughter, was born in 1999. JSN and MKN, both sons, were born in 2002 and 2003.

From June 2000 to February 2011, the Neumanns lived in Michigan. In February 2011, the Neumanns moved to Mexico because Mr. Neumann’s employer, Ford Motor Company, assigned him to a new job there. Initially, Mr. Neumann’s assignment in Mexico was scheduled to expire in 2014. But sometime in 2014, Mr. Neumann’s assignment was extended to 2017. The Neu-manns had not decided where to live after that extended assignment. Ms. Neumann has agreed that she was “indecisive” about where they would live. They lived together in Mexico until December 28, 2014, when Ms. Neumann left Mexico with her three children and returned to Michigan.

While they lived in Mexico', the children settled into their new life. They attended the same school, an English-speaking international school, for nearly four years. At school, they participated in school plays and concerts. They made new friends. And while they frequently vacationed in Michigan when school was not in session, and may have considered Michigan to be their home, they planned to stay in Mexico for at least another year, and potentially indefinitely.

Those plans were interrupted in December 2014. The day after Christmas, Mr. and Ms. Neumann had a violent dispute that left Ms. Neumann with three broken ribs and on a plane back to Michigan with the three children. Mr. ánd Ms. Neumann dispute the details of that incident, with the three children largely confirming Ms. Neumann’s story.

According to Ms. Neumann, Mr. Neu-mann had drunk heavily on Christmas Eve and Christmas Day, to the point where he “had fallen ... in the bathroom doorway,” “screaming [for] help,” claiming that he was “bleeding all over,” yelling at Ms. Neumann, and calling her “a stupid F’ing bitch, a good-for-nothing bitch.” Mr. Neu-mann ' admits he “[p]robably” had “too much to drink” on Christmas Day 2014, but not on Christmas Eve. Mr. and Ms. Neumann agree that while Mr. Neumann was in that “intoxicated condition,” on Christmas Day, Ms. Neumann took photographs and videos of him. Ms. Neumann explains, “I felt that maybe if he heard the way he talked to me when he was drunk, he would know how much he was hurting me.” Mr. Neumann did not find out about the photographs and videos until the morning after, when Ms. Neumann showed him how Mr. Neumann was when he was drunk.

According to Mr. Neumann, he then “asked” Ms. Neumann for the phone, so that he could delete the photographs and videos, which he “fear[ed] she would post ... [on] social media.” They “argued,” “raising [their] voices,” until Mr. Neumann “grabbed the phone from her hand” and “ran up the stairs ... into the bedroom,” because Ms. Neumann was “striking [him] with her closed fist” and “punching [him]” in the back. Mr. Neumann then deleted the photos and waited for an hour “to let things cool off.” When he came out and went to the kitchen “to make a cocktail,” Ms.

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684 F. App'x 471, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steven-neumann-v-julie-neumann-ca6-2017.