Hamprecht v. Hamprecht
2:12-cv-00125
M.D. Fla.May 24, 2012Background
- Petitioner Marian Hamprecht filed a Verified Petition for Return of Child under the Hague Convention and ICARA (Mar. 5, 2012) with a bench trial conducted on May 4 and 16, 2012.
- Respondent Stephanie Hamprecht retained the child in Florida and refused to return him to Germany.
- The family moved from Germany to the United States on Feb. 18, 2009; they resided in Cape Coral, Florida, with the two older sons in school.
- The child, F.H. (born Oct. 25, 2005), is a German citizen and the youngest son; the petitioned return is alleged to be wrongful under the Hague Convention.
- The court held a detailed factual determination: habitual residence and alleged wrongful retention, concluding habitual residence was Germany and the retention was wrongful.
- The court entered an order on May 24, 2012, returning F.H. to Germany and surrendering his passport to petitioner’s counsel.]
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Habitual residence of F.H. at time of retention | Hamprecht argues Germany remained habitual residence | Hamprecht asserts Florida became habitual residence | Germany remained F.H.'s habitual residence |
| Whether respondent's retention was wrongful under Hague Art. 3 | Retention violated petitioner’s German custody rights | Retention did not breach Germany’s custody rights | Retention was wrongful under the Hague Convention |
| Whether petitioner exercised custody rights at time of retention | Petitioner continued contact and sought custody post-Nov. 2011 | Actions did not show ongoing exercise | Petitioner exercised custody rights; did not abandon them |
| Respondent's consent/acquiescence defense | No consent or acquiescence by petitioner | Petitioner consented or acquiesced to retention | Defense not proven; consent/acquiescence not established |
Key Cases Cited
- Lops v. Lops, 140 F.3d 927 (11th Cir. 1998) (articulates Hague objectives and pre-abduction focus)
- Ruiz v. Tenorio, 392 F.3d 1247 (11th Cir. 2004) (habitual residence and custody rights framework)
- Pielage v. McConnell, 516 F.3d 1282 (11th Cir. 2008) (defining wrongful retention and rights of custody)
- Baran v. Beaty, 526 F.3d 1340 (11th Cir. 2008) (narrow construction of Hague exceptions)
- Abbott v. Abbott, 130 S. Ct. 1983 (2010) (context for custody rights and habitual residence)
- Friedrich v. Friedrich, 78 F.3d 1060 (6th Cir. 1996) (liberal approach to exercise of custody rights)