DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
081160P.pdf 08/04/2008 Sagi Barzilay v. Tamar Barzilay
U.S. Court of Appeals Case No: 08-1160
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Murphy, Author, with Bye and Shepherd, Circuit Judges]
Civil case - International Child Abduction Remedies Act. Because
neither parent filed a Hague petition in the state court proceedings, the
Hague Convention issues were not properly or fully raised in that
proceeding; in the absence of a Hague petition the state court proceedings
did not present an adequate opportunity to litigate the International Child
Abduction Remedies Act issues in the matter, and the district court erred
in abstaining; case remanded for determination of the merits of the issues
raised in plaintiff's Hague Convention petition.