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Savvas Charalambous v. Elizabeth Rohnert Charalambous

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Before Lynch, Chief Judge, Lipez and Howard, Circuit Judges.

Savvas Charalambous filed a petition for the return of his two children, A.C. and N.C., to Cyprus pursuant to the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25, 1980, T.I.A.S. No. 11670, which was implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601 et seq. The children were removed in June 2010 from Cyprus, their country of habitual residence, to the United States by their mother, Elizabeth R. Charalambous. She did not return the children to Cyprus before September 2010 as she had represented she would. She defended against the petition primarily on the ground that returning the children would expose them to a grave risk of harm, an exception to return under Article 13(b) of the Convention. Following a two-day evidentiary hearing, the district court held that there was not clear and convincing evidence of a grave risk of harm to the children, and that the Convention required their return. The court ordered the children placed in their father’s custody no later than October 20, 2010–a date later postponed to November 2, 2010–and ordered certain interim conditions. In an October 28, 2010 Order, this court stayed the removal of the children pending the outcome of respondent’s appeal, but expedited the appeal. The court heard oral argument on December 7, 2010.

We now lift the stay, and affirm, finding no error of law by the district court and holding that its findings and conclusions are well supported. We order that the children be placed in the custody of the father no later than December 9, 2010 at 12:00 p.m. for their return to Cyprus, and we return jurisdiction to the district court should any further orders be necessary to secure enforcement.

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