Filipczak v. Filipczak
838 F. Supp. 2d 174
S.D.N.Y.2011Background
- Petitioner Filipczak seeks return of his daughters to Poland under the Hague Convention; Respondent contests, invoking exceptions.
- Daughters Zofia (b. 2005) and Blanka (b. 2007) lived with Respondent in Poland until November 2007 when Respondent left with them.
- Respondent returned to the United States with the Children in January 2010; they have since resided in Chicago, Manhattan, and New Haven.
- Petitioner initiated Polish divorce/custody proceedings; Respondent aware but not served or appeared in Poland.
- Guardian ad litem appointed August 2011 submitted an impartial report; evidentiary hearing held September-October 2011; post-hearing information supplemented the record.
- Court must decide if any Hague Convention exceptions apply and whether repatriation is appropriate under the Convention.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Grave risk exception applies to bar return? | Filipczak argues grave risk not shown. | Filipczak asserts grave risk due to abuse and harm in Poland. | Grave risk not established; return ordered. |
| Well-settled exception applies? | Filipczak contends not settled in US after more than a year. | Filipczak argues children now settled in the United States. | Not settled; well-settled exception not satisfied. |
| Whether Hague framework warrants repatriation? | Return to Poland appropriate to resolve custody in habitual residence. | Return would disrupt family and not address underlying custody. | Hague framework favors repatriation; order granted. |
Key Cases Cited
- Diorinou v. Mezitis, 237 F.3d 133 (2d Cir. 2001) (defines grave risk and related standards under Article 13(b))
- Blondin v. Dubois, 189 F.3d 240 (2d Cir. 1999) (emphasizes strict, narrow scope of exceptions; misapplication cautioned)
- Blondin II, 238 F.3d 153 (2d Cir. 2001) (clarifies grave risk standard and well-settled considerations)