DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
223014P.pdf 08/10/2023 Naoteru Tsuruta v. Sarah Tsuruta
U.S. Court of Appeals Case No: 22-3014
U.S. District Court for the Eastern District of Missouri - St. Louis
[PUBLISHED] [Melloy, Author, with Smith, Chief Judge, and Erickson,
Circuit Judge]
Civil case - Hague Convention. The district court did not clearly err in
finding that the child in question was "at home" in Japan before defendant
removed the child to the U.S. and the court did not err in ordering the
child returned to Japan; even assuming the court could consider
defendant's argument, raised for the first time on appeal, that plaintiff
had "unclean hands" because of outstanding bench warrants for failure to
pay child support, it is far from certain that the unclean hands doctrine
should apply to petitions under the Hague Convention, and given the
factual record and the lack of any connection between plaintiff's alleged
improper conduct and this case, this is not the time to decide whether the
doctrine applies to Hague Convention cases.