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DANAIPOUR v. McLAREY

No. 03-2439.

386 F.3d 289 (2004)

Iraj DANAIPOUR, Petitioner, Appellant, v. Kristina McLAREY, Respondent, Appellee.

United States Court of Appeals, First Circuit.

Decided October 12, 2004.

Attorney(s) appearing for the Case

Stephen J. Cullen, with whom Miles & Stockbridge P.C. and Mary A. Azzarito were on brief, for petitioner-appellant.

Rheba Rutkowski, with whom Beth I.Z. Boland, Jenny K. Cooper, Bingham McCutchen LLP, Elizabeth B. Burnett, Paul D. Abbott, and Mintz, Levin, Cohn, Ferris, Glovsky, and Popeo, P.C. were on brief, for respondent-appellee.

Pauline Quirion and Greater Boston Legal Services on brief for Greater Boston Legal Services, Massachusetts Citizens for Children, Community Legal Services and Counseling Center, Emerge, Inc., and Gloucester Men Against Domestic Abuse, amici curiae.

Before BOUDIN, Chief Judge, LYNCH, Circuit Judge, SCHWARZER, Senior District Judge.

LYNCH, Circuit Judge.

Kristina McLarey, estranged from her then-husband, Iraj Danaipour, in June 2001 removed her two young daughters, A.D. and C.D., from Sweden, the country of habitual residence, and brought them to the United States in violation of a Swedish Court order. A.D. was then seven and C.D. was almost three years old.

Danaipour filed suit in the United States in state court; the case was removed to federal court, and he sought to have the children...

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