Hopkins, John v. Webb, Jackie

Filing 20

ORDER to Unseal Case. Petitioner's ex parte motion for a temporary restraining order 3 is GRANTED. The court will issue the ex parte TRO in a separate order. Following issuance of the TRO, this case is transferred to the U.S. District Court for the Middle District of Tennessee. Signed by District Judge James D. Peterson on 5/13/2016. (arw)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

JOHN HOPKINS,
Petitioner,
v.

ORDER
16-cv-268-jdp

JACKIE LYNN WEBB,
Respondent.

Petitioner John Hopkins initiated this case by filing an ex parte motion for entry of a
temporary restraining order under the Hague Convention on the Civil Aspects of
International Child Abduction. Dkt. 3. Ultimately, Mr. Hopkins seeks the return of C.H., the
minor child of Mr. Hopkins and respondent, Jackie Lynn Webb.
The court held an ex parte motion hearing on April 27, 2016. After considering
counsel’s arguments and certification, petitioner’s testimony, and the partially verified
petition, the court determined that an ex parte TRO was warranted. As it turned out, however,
Ms. Webb and C.H. could not be located. But counsel appeared for Ms. Webb in this court
on May 12. On May 13, the court held a hearing to determine how to proceed to a resolution
on the merits now that Ms. Webb had appeared by counsel.
At the hearing, counsel informed the court that Ms. Webb passed away very recently
and that C.H. is the subject of a temporary custody order issued by Judge Barry Brown of the
Sumner County, Tennessee, court. Pursuant to Judge Brown’s order, C.H. is now in the
temporary legal custody of the Tennessee Department of Children’s Services (TDCS).
Counsel for Ms. Webb indicated that a member of Ms. Webb’s family intends to seek

custody of C.H. and intends to resist Mr. Hopkins’ attempts to return C.H. to Northern
Ireland.
In light of this information, the court will do three things. First, the case is unsealed.
Second, to preserve Mr. Hopkin’s right to a decision on the merits of his petition, and to
ensure that C.H. is available for return to his father’s custody, should that be the ultimate
result of these proceedings, the court will, contemporaneously with this order, issue a TRO to
C.H.’s current custodian, TDCS. Third, the court will transfer this case to the United States
District Court for the Middle District of Tennessee, where C.H. is currently located. See 22
U.S.C. § 9003(b) (“Any person seeking to initiate judicial proceedings under the [Hague]
Convention for the return of a child . . . may do so by commencing a civil action . . . in the
place where the child is located at the time the petition is filed.”).
This court would be ready to accept the re-transfer of this case, should the District
Court for the Middle District of Tennessee determine that it would be appropriate to place
C.H. with a family member in this district while these proceedings are pending.

ORDER
IT IS ORDERED that:
1. This case is unsealed.
2. Petitioner’s ex parte motion for a temporary restraining order, Dkt. 3, is
GRANTED. The court will issue the ex parte TRO in a separate order.

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3. Following issuance of the ex parte TRO, this case is transferred to United States
District Court for the Middle District of Tennessee.
Entered May 13, 2016.
BY THE COURT:
/s/
________________________________________
JAMES D. PETERSON
District Judge

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