Charalambous v. Charalambou

Filing 920101208

Opinion

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var WPFootnote1 = '                   The court determined that Cyprus was the children\'s\
country of habitual residence. \
'

var WPFootnote2 = '                   On November 9, 2010, Savvas filed an Emergency Motion to\
Modify Stay in response to several incidents involving Elizabeth\'s\
treatment of A.C. and N.C., including her unilateral decision to\
have N.C. hospitalized for behavioral issues. The Motion sought\
reconsideration of our Order granting the stay, or, in the\
alternative, a modification of the stay to award Savvas complete\
temporary custody of the children until the stay is lifted. The\
Motion also requested (1) an order that each parent must confer\
with the other regarding decisions relating to medical treatment of\
the children, and (2) an order that neither party may initiate\
proceedings that would involve any custodial determination by any\
court. \
                   Except for the request to modify the stay, we transferred\
all aspects of the Emergency Motion to the district court. The\
district court held a conference with counsel on November 15, 2010,\
and issued an order the same day, which concluded that Elizabeth\'s\
actions referenced in Savvas\'s Emergency Motion "appear to reflect\
a panicked parent seeking to avoid the then-pending November 2,\
2010 turnover date." The district court granted the Emergency\
Motion in part, ordering that: (1) neither parent obtain medical or\
mental health treatment without notice to the other parent; (2) in\
the event that one of the children requires emergency medical care,\
the parent deciding to seek such care must notify the other parent\
within thirty minutes of the decision; (3) Savvas and Elizabeth\
have equal parental rights pending the outcome of the appeal; and\
(4) neither party may initiate proceedings that would involve any\
determination of custody while this matter remains pending. \
Finally, the court allowed Elizabeth to retain short-term custody\
of the children, but provided Savvas with specific visitation\
times. These conditions have remained in place pending the outcome\
of this appeal and have not been challenged.\
'

var WPFootnote3 = '                   Before the district court, Elizabeth also invoked the\
defense, which the court rejected, that Savvas "had consented to or\
subsequently acquiesced in the removal or retention" of the\
children in the United States. Hague Convention, art. 13(a).\
'

var WPFootnote4 = '                   In any event, the record firmly supports the district\
court\'s conclusions. Elizabeth had N.C. evaluated for sexual abuse\
in connection with these proceedings, but there was insufficient\
evidence to support any finding that N.C. was the victim of sexual\
abuse. Furthermore, Elizabeth admitted she had never complained\
about such abuse to anyone while in Cyprus. Neither N.C.\'s\
teachers nor N.C.\'s pediatrician saw any signs of abuse, nor did\
any of the family members. The district court\'s conclusions that\
Elizabeth "has simply not established by any evidence that her\
Children were sexually abused by their Father or anyone else living\
in Cyprus" and that "both parents love their children and neither\
would or did sexually abuse them" are amply supported. \
                   With respect to other abuse, the record reflects genuine\
and reasonable disagreements between Elizabeth and Savvas regarding\
proper methods of discipline; it does not reflect physical abuse\
rising to a level "a great deal more than minimal" as required to\
make a showing of grave risk. Walsh v. Walsh, 221 F.3d 204, 218\
(1st Cir. 2000). \
'

var WPFootnote5 = '                   The record contains no evidence as to other services that\
might be available in Cyprus outside of Limassol, including in the\
capital city of Nicosia. There are only Elizabeth\'s statements\
that she had "never come across a child psychologist" during her\
time in Cyprus and that there were no mental health programs in the\
private schools in which she worked as a teacher.\
'

var WPFootnote6 = '                   It is not at all clear why the family would be motivated\
to deny psychological services if N.C. were in need of them.\
'

var WPFootnote7 = '                   The court further explained: \
\
In other words, at one end of the spectrum are\
those situations where repatriation might\
cause inconvenience or hardship, eliminate\
certain educational or economic opportunities,\
or not comport with the child\'s preferences;\
at the other end of the spectrum are those\
situations in which the child faces a real\
risk of being hurt, physically or\
psychologically, as a result of repatriation.\
The former do not constitute a grave risk of\
harm under Article 13(b); the latter do. \
\
Blondin v. Dubois, 238 F.3d 153, 162 (2d Cir. 2001).\
'

var WPFootnote8 = '                   The district court made these findings having credited\
all of Elizabeth\'s testimony. But the court noted that both\
Elizabeth and Savvas lacked credibility in certain respects. The\
record also reflects that Elizabeth did not consider herself a\
victim of domestic abuse while in Cyprus and that she did not seek\
protection under Cyprus\'s domestic abuse laws. We do not enter the\
parties\' dispute over the effectiveness of such laws.\
'

var WPFootnote9 = '                   There were inconsistencies between Elizabeth\'s testimony\
about her treatment by Savvas and her characterizations of him in\
an email dated March 8, 2010, an email Elizabeth testified was a\
mere exercise suggested by a marriage counselor they saw in Cyprus. \
Among other things in the e-mail, she said to him, "You treat me\
very well," and "I can feel safe with you," and "I know you will\
never hurt me." She also said, "Whenever I ask for help, you are\
always there for me." As to the children and their father she\
said, "You are wonderfully connected to your children and you are\
very involved in their lives and upbringing," and "You are such a\
gentle and kind and loving father." \
'

var WPFootnote10 = '                   Elizabeth admitted that in fact her relationship with\
N.C. in Cyprus was not as close as Savvas\'s relationship with N.C. \
'

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