Adkins v. Adkins

Background

Artemiz Adkins had filed a petition seeking the return of her daughter, A.F.A., to Switzerland under the Hague Convention on the Civil Aspects of International Child Abduction, as implemented by the International Child Abduction Remedies Act. The court previously found that A.F.A.’s habitual residence was Switzerland, granted the return petition, and ordered Garrett Adkins to return A.F.A. to Switzerland.

Artemiz Adkins then moved for attorneys’ fees and costs under 22 U.S.C. § 9007(b)(3). The opinion states that she sought $128,524.32 in fees and costs, plus additional expenses related to A.F.A.’s return. The itemized categories included fees and costs for a California state-court matter, an action in Switzerland, a private investigator, the federal action, and travel between California and Switzerland.

Legal standard

Section 9007(b)(3) generally requires a court ordering a child’s return to order the respondent to pay the successful petitioner’s necessary expenses, including court costs, legal fees, care expenses, and transportation costs related to the child’s return. The exception is when the respondent establishes that such an award would be clearly inappropriate. The court explained that the fee provision is intended both to restore the petitioner financially and to discourage violations of the Hague Convention.

Fees and costs the court rejected

The court denied recovery for $28,263.81 in fees and costs related to proceedings in California state court and Switzerland. It concluded that the statute authorized expenses incurred in the federal return action, not fees for ancillary matters litigated in other courts.

The court also found $6,475 in private-investigator fees unreasonable. The investigator had spent approximately 36 hours observing a house, following A.F.A.’s grandmother, and observing a daycare in Petaluma, California. The court found that Artemiz Adkins had not explained why an investigator was necessary because, according to the record, she knew where Garrett Adkins had been living, had visited A.F.A. there several times, and had nearly daily video-call contact with her.

Federal-action fees and travel expenses

The court awarded $80,231.85 in attorneys’ fees and costs incurred in the federal action. It found the billing rates reasonable, noting that the attorneys’ rates ranged from $325 to $550 per hour, the paralegal rates from $150 to $300 per hour, and the legal-assistant rates from $150 to $175 per hour. The court also found the time spent reasonable given the case’s specialized subject matter, difficult legal issues, expedited schedule, and the work performed, which included preparing the petition, briefing a temporary restraining-order motion, attending a hearing, addressing habitual residence, and participating in an evidentiary hearing.

The court also awarded $3,553.63 in travel expenses between California and Switzerland. Garrett Adkins did not contest those transportation costs, and the court found them reasonable.

Inability to pay

Garrett Adkins argued that the award would cause financial hardship. He pointed to income and debt circumstances described in the opinion, including tax obligations, shared credit-card debt, and unpaid fees owed to his own attorneys. The court acknowledged those obligations but found that his employment, work experience, and current earning potential did not make the award clearly inappropriate. The court also noted that the record did not show he was required to provide financial support to A.F.A.

Disposition

The court GRANTED IN PART and DENIED IN PART Artemiz Adkins’s motion for attorneys’ fees and costs. It awarded $80,231.85 for fees and costs incurred in the federal action and $3,553.63 in travel expenses, for a total award of $83,785.48.