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.
211289P.pdf 12/06/2022 Vladyslav Dubikovskyy v. Elena Goun
U.S. Court of Appeals Case No: 21-1289
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Kelly, Author, with Colloton and Kobes, Circuit Judges]
Civil case - Hague Convention. Defendant wrongfully removed the child from
Switzerland, and the father petitioned for the child's return. The
district court erred in denying the petition based on the "mature child
defense" under Article 13 of the Hague Convention, which provides that a
forum may refuse to order the return of a child if the child objects and
has attained an age and degree of maturity at which is appropriate to take
his or her views into account; the child expressed a preference to stay in
Missouri with the mother but did not object to returning to Switzerland,
and the district court erred in finding that the child's statements
constituted an objection for the purposes of applying the defense;
petition for return of the child to Switzerland is granted.