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.
122663P.pdf 08/05/2013 Ricardo Acosta v. Anne Marie Acosta
U.S. Court of Appeals Case No: 12-2663
and No: 12-2791
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Bye and Colloton, Circuit Judges]
Civil case - Hague Convention. No error in admitting testimony from
defendant's expert witness regarding factors indicating that returning the
couple's children to Peru would subject them to a high risk of harm as the
testimony was not generic, had a factual basis and was subjected to
cross-examination; district court did not err in finding the children
would be subject to a grave risk of harm if they were returned to Peru
with plaintiff, nor did it abuse its discretion in refusing to order their
return; the burden is on the moving party to show that conditions or
"undertakings" could be imposed to protect the children upon their return,
and plaintiff failed to do so