Thonet-Bips v. Bips

Filing 14

MEMORANDUM OPINION and ORDER:See attached Memorandum Opinion and Order. Signed by District Judge Anthony J Trenga on 8/29/2016. (jall)

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IN THE UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF VIRGINIA
Alexandria Division

292016

CLERK, U.S. DISTRICT COURT
ALEXANDRIA

CAROLINE THONET-BIPS,

Petitioner,

Civil Action No. I:I6-cv-1067 (AJT/JFA)

V.

SEAN MICHAEL BIPS,

Respondent.

MEMORANDUM OPINION AND ORDER

Petitioner/mother Caroline Thonet-Bips seeks the return of her four-year old child,"N.,"

under the Hague Convention on the Civil Aspects of International Child Abduction (the "Hague

Convention" or "Convention")' and its implementing legislation, the International Child
Abduction Remedies Act, 22 U.S.C. §§ 9001 etseq. (2006) ("ICARA").^ In her Verified
Complaint and Petition, filed on August 19, 2016, petitioner claims that based on false

allegations that petitioner's domestic partner ("E.H."), with whom petitioner resides in Germany,
abused N., the child's father, respondent Sean Michael Bips, is wrongfully retaining N. in the

United States following the child's travel from Germany to the United States for agreed upon
visitation. See Plaintiffs Verified Complaint and Petition Under the Hague Convention for
Return ofa Child Under 16 Years Old [Doc. No. 1] (the "Petition"), H1. After a hearing on

petitioner's emergency motion for injunctive relief [Doc. No. 2], the Court issued an ex pane
Temporary Restraining Order on August 19,2016 prohibiting respondent from removing N.
fi-om the Commonwealth of Virginia and ordering respondent to appear before the Court with N.

'Oct. 25, 1980, T.I.A.S. No. 11,670, 19 I.L.M. 1501 (1980).
^Formerly 42 U.S.C. §§ 11601 e/ seq.