Lejon v. MacInnes et al

Filing 18

ORDER DIRECTING RETURN OF CHILD. Petitioner's Petition for Return of Minor Child (Doc. No. #1 ) is GRANTED IN PART and DENIED IN PART as follows: (see Order for details).(Written Opinion). Signed by Judge Donovan W. Frank on 4/9/2013. (BJS)

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA

Mikael Lejon,

Civil No. 13-695 (DWF/SER)
Petitioner,

v.

ORDER DIRECTING
RETURN OF CHILD

Mariah MacInnes and Chad Talbot,
Respondents.

Nancy Zalusky Berg, Esq., and Liselotte Kaiser, Esq., Walling, Berg & Debele, P.A.,
counsel for Petitioner.
Gerald O. Williams, Jr., Williams Divorce & Family Law, PA, counsel for Respondents.

Before the Court is Petitioner Mikael Lejon’s petition against Respondents Mariah
MacInnes and Chad Talbot pursuant to the Hague Convention on the Civil Aspects of
International Child Abduction, 19 I.L.M. 1501 (1980), and the International Child
Abduction Remedies Act, 42 U.S.C. §§ 11601, et seq., alleging that Respondent
MacInnes wrongfully removed the Child, O.R.L.M., from Sweden and the Child has been
wrongfully retained by Respondents in the State of Minnesota. The Court finds that the
Child is a citizen and habitual resident of Sweden within the meaning of Article 3 of the
Convention and that the Child was wrongfully removed from Sweden. The Court thus
directs the prompt return of the Child to Sweden as ordered below. At this time, the

Court concludes that no additional evidentiary hearing in this matter is warranted and
issues the following Order.
ORDER
Based on the foregoing, and all the files, records, and proceedings herein, IT IS
HEREBY ORDERED that Petitioner’s Petition for Return of Minor Child (Doc.
No. [1]) is GRANTED IN PART and DENIED IN PART as follows:
1.

The Child shall remain in the temporary care, custody and control of her

mother, Mariah MacInnes, pending her return to Sweden.
2.

The parties have indicated that they have mutually agreed upon a visitation

schedule for Petitioner to see the Child on April 9, 2013. Petitioner shall have visitation
with the Child on April 9, 2013, as agreed upon by the parties.
3.

The Child shall be returned to Sweden no later than April 25, 2013,

escorted and accompanied by her mother, Mariah MacInnes, should Ms. MacInnes be
willing to accompany the Child.
4.

Should Ms. MacInnes be unwilling or unable to accompany the Child to

Sweden, counsel shall inform the Court as soon as practicable so that the Court may
appoint a third-party to escort the Child to Sweden. The Court declines to order the
Child’s return to Sweden with Petitioner.
5.

By April 15, 2013, Respondents shall make travel arrangements for the

Child’s return to Sweden.
6.

Travel plans, once made by Respondents, shall be communicated by

counsel to all parties and the Court.
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7.

Counsel for Respondents shall immediately deliver the passports of

Respondents and the Child to the chambers of the Court to be held pending the Child’s
return to Sweden.
8.

During the period preceding the Child’s scheduled return to Sweden,

Respondents are prohibited from removing, or facilitating the removal of, the Child from
the State of Minnesota.
9.

Counsel for Petitioner and Respondents shall communicate with their

respective clients’ counsel in Sweden as soon as practicable to address, and aim to
resolve, any issues arising from the Swedish legal proceedings, including Ms. MacInnes’s
status in Sweden. Counsel shall also make an effort to arrange for an expedited hearing
date in the appropriate Swedish court in any pending custody proceedings.
10.

Counsel and the parties are directed to negotiate in good faith and are urged

to coordinate their efforts in this matter to the extent possible, in consideration of the
Child’s best interests and well-being and with the aim of minimal disruption to the Child
prior to, and during, any future Swedish proceedings.
11.

The Court will set a status conference, in consultation with counsel, once

all travel arrangements have been made, to address whether an evidentiary hearing is
necessary.
Dated: April 9, 2013

s/Donovan W. Frank
DONOVAN W. FRANK
United States District Judge

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