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Eidem v. Eidem

Boys' Return to 'Habitual Residence' Norway Under Hague Convention, ICARA Is Granted

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OPINION AND ORDER Petitioner Per Magne Eidem (“Petitioner”) brings this action pursuant to the Hague Convention on the Civil Aspects of International Child Abduction (“Hague Convention”), Oct. 25, 1980, T.I.A.S. No. 11,670, seeking an order directing the return of his two sons to Norway. The children are currently in the care of their mother, Dana Marie Eidem (“Respondent”), in New York. On October 9, 2018, the Court held a hearing in this matter. For the reasons set forth below, Petitioner’s application for relief under the Hague Convention is GRANTED.I. BACKGROUNDA. Findings of Fact1Petitioner is a Norwegian citizen who was born and raised in Norway. (PTO 1.) Respondent, a dual citizen of the United States and Norway, was born in Brooklyn, New York, but moved to Norway with her mother in 1993 at the age of eight. (Id.

2-3.) The parties met in 2004, moved in together in 2005, and married on June 9, 2008. (Id. 4; Decl. of Per Magne Eidem, dated Sept. 25, 2018 (“Pet. Decl.”) 10.) The parties lived together in Elnesvagen, Norway from 2005 until 2013. (PTO 4.)The parties had their first child, T.E., on August 25, 2008. (Id. 9.) Shortly after his birth, T.E. was diagnosed with Hirschsprung’s disease, a condition wherein nerves are missing from parts of the intestine, and he underwent a “pull-through” surgery at a hospital in Trondheim to remove part of his colon. (Id.

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