Norinder v. Fuentes

Federal 7th Circuit Court
Civil Court
Discovery
Citation
Case Number: 
Nos. 10-2753 & 10-3887 Cons.
Decision Date: 
September 6, 2011
Federal District: 
S.D. Ill.
Holding: 
Affirmed
In action under Child Abduction Remedies Act, Dist. Ct. did not abuse its discretion in entering expedited discovery order and in denying plaintiff's request to continue case to obtain more discovery from defendant. Plaintiff failed to timely apprise Dist. Ct. of need for additional discovery by waiting until first day of scheduled hearing on merits of claim to raise said issue, and record otherwise showed that Dist. Ct. actually accommodated plaintiff's request for said discovery by directing defendant to produce records involving his alleged history of alcoholism, drug use and domestic abuse by date of hearing to address said issues. Moreover, Dist. Ct. did not err in directing plaintiff to send her child back to Sweden so as to allow Swedish court opportunity to resolve custody issues where record showed that child had spent vast majority of his life in Sweden, and where record demonstrated that plaintiff had established Sweden as her new residence prior to bringing child back to U.S.