Eidem v. Eidem
- Richard Sullivan
- 1:18-cv-06153
- U.S. District Court · Southern District of New York
- 2
In Eidem v. Eidem, Judge Sullivan ordered Dana Marie Eidem held in civil contempt and placed in custody for refusing return-related court orders.
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
- Eidem v. Eidem · No. 1:18-cv-06153
- Richard Sullivan
- 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.
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.