JENKINS v. JENKINS

Nos. 08-3534, 08-3663.

569 F.3d 549 (2009)

Hofit JENKINS, Petitioner-Appellant/Cross-Appellee, v. Avraham JENKINS and Klaris Jenkins, Respondents-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2009.


Attorney(s) appearing for the Case

ARGUED: Frederick J. McGavran, Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Shawn P. Hooks, Holzfaster, Cecil, McKnight & Mues, Dayton, Ohio, for Appellees. ON BRIEF: Frederick J. McGavran, Frost Brown Todd LLC, Cincinnati, Ohio, for Appellant. Shawn P. Hooks, Holzfaster, Cecil, McKnight & Mues, Dayton, Ohio, for Appellees.

DAUGHTREY, J., delivered the opinion of the court, in which BATCHELDER, J., joined. KENNEDY, J. (pp. 558-62), delivered a separate dissenting opinion.


OPINION

MARTHA CRAIG DAUGHTREY, Circuit Judge.

The petitioner, Hofit Jenkins, appeals from the district court's denial of her petition filed pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, seeking the "return" of her now-five-year-old son, Orin, to her custody in Israel. Under the Abduction Convention, as implemented by Congress through the International Child Abduction Remedies Act (ICARA), 42 U.S.C. §§...

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