Andreas Carlwig -v- Sarodjiny Carlwig

Filing 15

ORDER TO SHOW CAUSE RE. PETITION TO RETURN CHILDREN TO SWEDEN AND ORDER SETTING BRIEFING SCHEDULE AND HEARING by Judge Otis D. Wright, II:Neither Respondent nor any person acting in concert with or participating with her shall take any action to remo ve children A.L.C. and E.R.S.C. from the Central District of California pending a determination by this Court on the Petition.Respondent Sarodjiny Carlwig is ORDERED TO SHOW CAUSE no later than Friday, March 28, 2014 why the two minor children should not be returned to Sweden for adjudication of custody matters. Respondent will comply with this Order to Show Cause in writing by filing a responsive brief to the Petition for Return of Children to Sweden. Petitioner Andreas Carlwig may file a reply brief no later than Friday,April 4, 2014.The Court sets an evidentiary hearing on the Petition for Friday,April 11, 2014, at 10 a.m.All other provisional relief requested in the Petition is DENIED. This includes Petitioners request that Respondent surrender her passport and the passports of her children.Petitioner shall ensure that this Order is served on Respondent forthwith. (lc). Modified on 3/14/2014. (lc).

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United States District Court
Central District of California

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IN RE A.L.C. and E.R.S.C.,

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ANDREAS CARLWIG,
Petitioner,

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v.

Case No. 2:14-cv-1506-ODW(SHx)
ORDER TO SHOW CAUSE RE.
PETITION TO RETURN CHILDREN

SARODJINY CARLWIG,
Respondent.

TO SWEDEN AND ORDER
SETTING BRIEFING SCHEDULE
AND HEARING

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On February 27, 2014, Petitioner Andreas Carlwig filed a Verified Petition for

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Return of Children to Sweden and Order to Show Cause against Respondent

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Sarodjiny Carlwig.

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Petitioner seeks the expedited return of the parties’ two children—six-year-old A.L.C.

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and nine-month-old E.R.S.C.—to Sweden.

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Convention on the Civil Aspects of International Child Abduction, done at the Hague

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on October 25, 1980 (the “Convention”), and its implementing legislation, the

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International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. § 11601 et seq.

The matter was assigned to this Court on March 10, 2014.
The Petition is brought under The

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At a telephonic hearing on March 14, 2014, the Court was informed that

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Respondent Sarodjiny Carlwig has been served with the Petition and all other Orders

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of this Court. Nevertheless, the Court recognizes the need to adjudicate this matter

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expeditiously and therefore ORDERS the following:

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1) Neither Respondent nor any person acting in concert with or

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participating with her shall take any action to remove children A.L.C.

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and E.R.S.C. from the Central District of California pending a

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determination by this Court on the Petition.

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(authorizing a court to take “measures under Federal or State law, as

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appropriate, to protect the well-being of the child involved or to

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prevent the further removal or concealment before the final

42 U.S.C. § 11604

disposition of the petition”).

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2) Respondent Sarodjiny Carlwig is ORDERED TO SHOW CAUSE

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no later than Friday, March 28, 2014 why the two minor children

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should not be returned to Sweden for adjudication of custody matters.

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Respondent will comply with this Order to Show Cause in writing by

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filing a responsive brief to the Petition for Return of Children to

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Sweden.

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Respondent may have under the Convention.

This brief will raise any affirmative defenses that

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3) Petitioner Andreas Carlwig may file a reply brief no later than Friday,

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April 4, 2014. The reply brief should be limited to addressing only

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the arguments made in Respondent’s brief.

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4) The Court sets an evidentiary hearing on the Petition for Friday,

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April 11, 2014, at 10 a.m. The Court will advise the parties of the

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testimony it requires prior to that hearing.

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All other provisional relief requested in the Petition is DENIED. This includes

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Petitioner’s request that Respondent surrender her passport and the passports of her

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children. The Court has been informed by email that the passports are being held in

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trust by Respondent’s counsel Nathan Gabbard of Claery & Green LLP, who

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represents Respondent in a related state-court proceeding. Petitioner shall ensure that

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this Order is served on Respondent forthwith.

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IT IS SO ORDERED.

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March 14, 2014

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____________________________________
OTIS D. WRIGHT, II
UNITED STATES DISTRICT JUDGE

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