HOPKINS v. WEBB, 16-cv-268-jdp (2016)
Court: District Court, E.D. Wisconsin
Number: infdco20160516b80
Visitors: 2
Filed: May 13, 2016
Latest Update: May 13, 2016
Summary: TEMPORARY RESTRAINING ORDER JAMES D. PETERSON , District Judge . Petitioner John Hopkins has filed an ex parte motion for entry of a temporary restraining order under the Hague Convention on the Civil Aspects of International Child Abduction. Dkt. 3. The court held an ex parte motion hearing on April 27, 2016. After considering counsel's arguments and certification, petitioner's testimony, and the partially verified petition, THE COURT FINDS: a. Petitioner and respondent Jackie Lynn We
Summary: TEMPORARY RESTRAINING ORDER JAMES D. PETERSON , District Judge . Petitioner John Hopkins has filed an ex parte motion for entry of a temporary restraining order under the Hague Convention on the Civil Aspects of International Child Abduction. Dkt. 3. The court held an ex parte motion hearing on April 27, 2016. After considering counsel's arguments and certification, petitioner's testimony, and the partially verified petition, THE COURT FINDS: a. Petitioner and respondent Jackie Lynn Web..
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TEMPORARY RESTRAINING ORDER
JAMES D. PETERSON, District Judge.
Petitioner John Hopkins has filed an ex parte motion for entry of a temporary restraining order under the Hague Convention on the Civil Aspects of International Child Abduction. Dkt. 3. The court held an ex parte motion hearing on April 27, 2016. After considering counsel's arguments and certification, petitioner's testimony, and the partially verified petition, THE COURT FINDS:
a. Petitioner and respondent Jackie Lynn Webb were married in 2002. From 2006 until 2013, both parties lived in Northern Ireland with their child, C.H. Petitioner and Ms. Webb shared parenting responsibilities during this time.
b. In June 2013, Ms. Webb planned a two-week vacation with C.H. in the United States. Petitioner allowed Ms. Webb to take C.H. on this vacation. Ms. Webb later notified petitioner that she would be extending the vacation for one week, and petitioner consented to the extension.
c. Ms. Webb never returned C.H. to the parties' home in Northern Ireland. She cut off all communication with petitioner and between petitioner and C.H. Ms. Webb concealed C.H.'s location from petitioner from June 2013 on.
d. Petitioner contacted the Central Authority for Northern Ireland in August 2013 for assistance in locating C.H., and petitioner eventually received information that gave him reason to believe that Ms. Webb and C.H. were in Sun Prairie, Wisconsin, in April 2016.
e. Petitioner filed this petition on April 22, 2016. Counsel for Ms. Webb appeared in this proceeding on May 12, 2016.
f. The court has been informed that Ms. Webb died on May 8, 2016. Ms. Webb and C.H. had been most recently residing in Sumner County, Tennessee.
g. C.H. is the subject of a temporary custody order issued by Judge Barry Brown of the Sumner County, Tennessee, court. Pursuant to Judge Brown's order, C.H. is now in the temporary legal custody of respondent Tennessee Department of Children's Services (TDCS).
h. Counsel for Ms. Webb indicated that a member of Ms. Webb's family intends to seek custody of C.H. and intends to resist Mr. Hopkins' attempts to return C.H. to Northern Ireland.
i. Because Ms. Webb concealed the child's location for approximately three years, presumably with the knowledge and assistance of her family, there exists a substantial risk that Ms. Webb's family will attempt to obtain custody of C.H. and further secret the child and refuse to appear before a court to resolve petitioner's claim.
j. To preserve petitioner's right to a decision on the merits of his petition, and to ensure that C.H. is available for return to his father's custody, should that be the ultimate result of these proceedings, pursuant to Federal Rule of Civil Procedure 65(b), the court finds that it is necessary to issue this order without notice to TDCS or Ms. Webb's family.
Accordingly, IT IS ORDERED that:
1. TDCS is prohibited from transferring custody of C.H. or removing C.H. from the Middle District of Tennessee pending a hearing on the merits of the petition, and no person acting in concert or participating with TDCS or Ms. Webb's family will take any action to remove the child from the court's jurisdiction pending a determination on the merits of the petition.
2. A hearing on the merits this petition will take place at a date and time to be set by the presiding court.
3. Respondent TDCS is ordered to show cause at the hearing on the merits why the child should not be returned to Northern Ireland, to be met at the airport by petitioner, where an appropriate custody determination can be made under applicable law in Northern Ireland, and why the court should not grant the other relief requested in the petition.
4. The United States Marshals Service will serve TDCS with this order and the pleadings filed in this case.
Source: Leagle
