Aubert v. Poast

Petitioner appealed from the district court’s denial of his petition for the return of his minor children to Norway under the 1980 Hague Convention, also known as the Convention on the Civil Aspects of International Child Abduction. Specifically, respondent appealed the district court’s denial of his request, filed after his first notice of appeal challenging the denial of the return on its merits, to reinstate regular visitation while the appeal is pending. The Seventh Circuit reversed the order denying petitioner’s request for continued visitation rights while the lead appeal on the merits is pending, finding no support for a denial in the applicable statutes or rules.