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S.D.N.Y.Procedural orderFiled Jan. 3, 2020

Eidem v. Eidem

Judge
Richard Sullivan
Docket
1:18-cv-06153
Court
U.S. District Court · Southern District of New York
Pages
2
FamilyCivil Procedure
In one sentence

In Eidem v. Eidem, Judge Sullivan ordered Dana Marie Eidem to take specified steps to return the children to Norway.

Who this affects

The order directly affected Dana Marie Eidem and the parties’ two minor children, and it implemented the children’s ordered return to Norway.

What happened

In Eidem v. Eidem, the Court of Appeals had affirmed an earlier order requiring the return of the parties’ two minor children to Norway under the Hague Convention.

Per Magne Eidem asked the court to require Dana Marie Eidem to follow a specific plan for returning the children on January 6, 2020, including providing necessary travel documents.

Judge Sullivan granted the request and ordered Dana Marie Eidem to bring the children to a specified New York hotel at 9:00 a.m. and bring signed, notarized passport applications, a notarized copy of her Norwegian passport, and other necessary travel documents. The order warned that noncompliance could lead to contempt sanctions.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Eidem v. Eidem · No. 1:18-cv-06153
Judge
Richard Sullivan
Date
Jan. 3, 2020

Background

The Court of Appeals had issued its mandate on January 2, 2020, affirming the district court’s April 29, 2019 order granting Per Magne Eidem’s request for the return of the parties’ two minor children to Norway, their stated country of habitual residence, under the Hague Convention. The Court of Appeals also lifted its stay of the earlier order.

Request

Per Magne Eidem’s counsel asked the court to order Dana Marie Eidem to take specific steps to carry out the children’s agreed return on January 6, 2020. The requested steps were to bring the children to the lobby of the Roosevelt Hotel at 9:00 a.m. and sign and bring all necessary travel documents. The opinion states that Dana Marie Eidem had previously agreed to the return date and to provide the necessary travel documents, but Per Magne Eidem asserted that she had recently refused to confirm that she would cooperate.

Ruling

Judge Richard J. Sullivan granted the request. The court ordered Dana Marie Eidem to bring the children to the hotel lobby at 45 East 45th Street, New York, New York 10017, on Monday, January 6, 2020, at 9:00 a.m. She also had to bring a signed and notarized passport application for each child, a notarized color copy of her Norwegian passport marked as true, and any other necessary travel documents. The court stated that failure to comply could result in contempt sanctions.

Disposition

The court granted Per Magne Eidem’s request for the specified return arrangements.

The authoritative version

Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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