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Claudia Felder v. Patrick Wetzel; Children's Hospital

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Before Lynch, Chief Judge, Boudin and Thompson, Circuit Judges.

In this Hague Convention case concerning claims by the mother of wrongful retention in this country of her fourteen-year-old daughter who was in need of emergency psychiatric care, the district court both denied relief and dismissed the Swiss mother’s case. Felder v. Ponder, Civ. Action No. 12-11192-DJC, 2012 WL 3128570 (D. Mass. July 30, 2012). The district court interpreted orders of the relevant Swiss Guardianship Authority and a Swiss court as having stripped the mother of all custody rights so as to deprive the federal court of jurisdiction. While the language of those orders was imprecise, we believe the orders had a far more limited scope and the federal court is required under the Convention to hear the case. We vacate its dismissal of this case and remand with instructions.

I.

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