SOURATGAR v. FAIR

Docket No. 12-5088.

720 F.3d 96 (2013)

Abdollah Naghash SOURATGAR, Petitioner-Appellee, v. Lee Jen FAIR, Respondent-Appellant.

United States Court of Appeals, Second Circuit.

Decided: June 13, 2013.


Attorney(s) appearing for the Case

Robert D. Arenstein , Law Offices of Robert D. Arenstein, New York, NY, for Petitioner-Appellee.

Randy M. Mastro and Jane Kim , Gibson, Dunn & Crutcher LLP, New York, N.Y. and Dorchen A. Leidholdt , Center for Battered Women's Legal Services, Sanctuary for Families, New York, N.Y. for Respondent-Appellant.

Jennifer Baum , St. Vincent de Paul Legal Program, Inc., Child Advocacy Clinic, St. John's University School of Law, Jamaica, N.Y. ( Jenna M. DiCostanzo and Jennifer R. Kwapisz , St. John's University School of Law on the brief) for Amicus Curiae Guardian ad Litem.

William C. Silverman , Greenberg Traurig, LLP, New York, N.Y. for Amici Curiae Tahirih Justice Center, Asian Pacific American Legal Center, Ayuda, Battered Women's Justice Project, The Central American Resource Center, Greater Boston Legal Services, Immigration & Asylum Clinic of Boston College Law School, Immigration Justice Clinic, John Jay Legal Services, Inc., Inmotion, Inc., Kentucky Coalition for Immigrant and Refugee Rights, Legal Services NYC, National Immigrant Women's Advocacy Project, New York Asian Women's Center, Inc., Philadelphia Legal Assistance, Sexuality & Gender Law Clinic, and Columbia Law School.

Joel Kurtzberg , Mary McCann , and Etienne Barg-Townsend , Cahill Gordon & Reindel LLP, New York, N.Y. and Lynn Hecht Schafran and Elizabeth Grayer , Legal Momentum, New York, N.Y. for Amici Curiae Legal Momentum, Domestic Violence Legal Empowerment Appeals Project, End Violence Against Women International, Iowa Coalition Against Sexual Assault, National Coalition Against Domestic Violence, National Network to End Domestic Violence, New Mexico Coalition of Sexual Assault Programs, Inc., the Pennsylvania Coalition Against Rape, and the Victim Rights Law Center.

Michael R. Lazerwitz , Lewis J. Liman and Kiesha Minyard , Cleary Gottlieb Steen & Hamilton LLP, New York, N.Y. ( William F. Gorin , Abigail Fee and Shira A. Kaufman , Cleary Gottlieb Steen & Hamilton LLP, on the brief) for Amici Curiae Dean Jeffrey L. Edleson, Ph.D., Professor Evan Stark, Ph.D., Professor Michelle Madden Dempsey, Ph.D., Dr. Stephanie Brandt, The Child Advocacy Clinic at Columbia Law School, The University of Baltimore Family Law Clinic, and the University of Oregon Domestic Violence Clinic.

Before: WALKER, WESLEY and DRONEY, Circuit Judges.


JOHN M. WALKER, JR., Circuit Judge:

Lee Jen Fair appeals the grant of a petition brought by her husband Abdollah Naghash Souratgar for repatriation of their son from New York to Singapore. In May 2012, Lee removed the boy to Dutchess County, New York, in direct violation of a Singapore court order. The United States District Court for the Southern District of New York (Castel, Judge) granted Souratgar's petition pursuant...

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