Khan v. Fatima

Record failed to support Dist. Ct. order directing respondent-mother to return parties' child to petitioner-father located in Canada in action under International Child Abduction Remedies Act where father alleged that mother removed child to US after domestic dispute with father, and where father had begun divorce/custody proceedings in Canada. Said Act contains defense to required return of child where mother could show that return would expose child to grave risk of physical or psychological harm, and record contained dispute as to whether father physically abused mother in front of child. Moreover, remand was required where Dist. Ct. failed to make findings of fact on key issues with respect to claims of abuse by mother, and where Dist. Ct. failed to allow mother reasonable time to submit psychological evidence on child. Ct. also directed that child be returned to mother pending resolution of case on remand. (Dissent filed.)