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Souratgar v. Fair

Facts

Lee, a Malaysian national, and Souratgar, an Iranian national, were married in 2007 and lived in Singapore. Lee reported that Souratgar began abusing her during her pregnancy in 2008. After years of marital discord, Lee left the marital home with their son, Shayan, in May 2011 and subsequently removed him from Singapore. Souratgar filed a petition for Shayan's return under the Hague Convention, which the district court granted after a nine-day evidentiary hearing. Following this, Souratgar sought an order for Lee to pay his expenses related to the petition.

Lee, a Malaysian national, and Souratgar, an Iranian national, married in 2007 and resided in Singapore. In 2008, Lee became pregnant, which is when, on her account, Souratgar began abusing her. Lee gave birth to their son, Shayan, in January 2009. After several years of marital discord, Lee eventually departed the marital home with Shayan in May 2011 and left Singapore with Shayan one year later.

Issue

Did the district court err in ordering Lee to pay expenses to Souratgar under 22 U.S.C. 9007(b)(3) despite evidence of intimate partner violence?

Did the district court err in ordering Lee to pay expenses to Souratgar under 22 U.S.C. 9007(b)(3) despite evidence of intimate partner violence?

Rule

Under the International Child Abduction Remedies Act, a prevailing petitioner is entitled to expenses unless the respondent can show that such an order would be clearly inappropriate, which requires weighing relevant equitable factors, including any history of intimate partner violence.

The International Child Abduction Remedies Act ('ICARA') provides that the prevailing petitioner in a child abduction case shall be awarded expenses incurred in connection with the petition 'unless the respondent establishes that such order would be clearly inappropriate.' 22 U.S.C. 9007(b)(3). That determination requires district courts to weigh relevant equitable factors, including intimate partner violence.

Analysis

The appellate court found that the district court correctly considered the intimate partner violence but erred in its assessment of the relationship between that violence and Lee's decision to remove the child. The court noted that Lee had established that Souratgar committed multiple acts of violence against her, which were directly related to her decision to leave Singapore with their child. The absence of countervailing factors in favor of Souratgar made the award of expenses inappropriate.

In resolving whether it was clearly inappropriate to order Lee to pay expenses to Souratgar, our consideration is grounded in the record, which reveals that Souratgar committed intimate partner violence against Lee but Lee did not commit any violence against Souratgar. The district court was correct in considering this unilateral intimate partner violence as a relevant equitable factor, but, after reviewing the record, we find that the district court erred in its assessment of the relationship between the intimate partner violence and Lee's decision to remove Shayan from the country of habitual residence and thus erred in its weighing of the equitable factors.

Conclusion

The appellate court reversed the district court's order and vacated the judgment requiring Lee to pay Souratgar's expenses.

Accordingly, we REVERSE the order and VACATE the judgment.

Who won?

Lee prevailed in the appeal because the court found that the award of expenses to Souratgar was clearly inappropriate given the evidence of intimate partner violence.

Lee prevailed in the appeal because the court found that the award of expenses to Souratgar was clearly inappropriate given the evidence of intimate partner violence.

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