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S.D.N.Y.Procedural orderFiled Jan. 6, 2020

Eidem v. Eidem

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

In Eidem v. Eidem, Judge Sullivan ordered Dana Marie Eidem held in civil contempt and placed in custody for refusing return-related court orders.

Who this affects

Dana Marie Eidem was ordered held in civil contempt and placed in federal custody pending further order; the order also concerned the return of the parties’ children to Norway.

What happened

In Eidem v. Eidem, the court had previously ordered that the parties’ children be returned to Norway under the Hague Convention and later directed Dana Marie Eidem to sign travel documents.

The court said Dana Marie Eidem had repeatedly stated, in written submissions and in court, that she would not comply with and intended to obstruct those orders.

Judge Richard J. Sullivan ordered Dana Marie Eidem held in civil contempt and remanded to the custody of the United States Marshals Service and Bureau of Prisons pending further order. He also strongly recommended 24-hour suicide watch and mental-health treatment because of her reported suicidal thoughts.

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. 6, 2020

Background

The order concerns enforcement of earlier orders involving the return of the parties’ children to Norway under the Hague Convention. The court had granted Per Magne Eidem’s application for the children’s return in an April 29, 2019 order. On January 3, 2020, the court directed Dana Marie Eidem to sign travel documents needed to carry out that return.

Civil Contempt

The court stated that Dana Marie Eidem had made clear and repeated statements—in written submissions through counsel and on the record before the court—that she refused to comply with and intended to obstruct the April 29, 2019 and January 3, 2020 orders. Based on those statements, the court ordered that she was in civil contempt. Civil contempt is a court finding that a person has not complied with a court order and may involve custody or other measures intended to enforce compliance.

Disposition and Safety Recommendation

Judge Richard J. Sullivan ordered Dana Marie Eidem remanded to the custody of the United States Marshals Service and Bureau of Prisons pending further order of the court. The order did not change the earlier return orders. Because of suicidal thoughts reflected in statements made immediately before and during the January 6, 2020 conference, the court strongly recommended that the Bureau of Prisons place her on 24-hour suicide watch and provide mental-health treatment while she remained in custody.

Classification

This is a procedural order because it enforces prior court orders through a civil-contempt finding and custody order; it does not decide the underlying Hague Convention return question.

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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