Leser v. Berridge
2011 U.S. App. LEXIS 25866
10th Cir.2011Background
- Hague Convention and ICARA govern return of wrongfully removed children between signatory states.
- Respondent relocated to Denver with two children; Petitioner seeks return to Czech Republic.
- District Court held a hearing on Respondent's continuance request; Czech custody hearing scheduled for March 24, 2011.
- Both parties stipulated the Czech court would determine custody issues, including relocation rights, and requested the Czech forum handle the matter.
- District Court granted the petition for return not on wrongful removal, but on the parties’ stipulation that the children would attend the Czech hearing.
- After the order, Respondent appealed; the children were returned to the Czech Republic, and Czech courts seized their passports; this court then deemed the appeal moot.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the appeal is moot. | Leser—no mootness; relief possible if Czech orders change. | Berridge—events rendered case moot; no redress remains. | Moot; appeal dismissed, district court judgment vacated, case remanded for dismissal. |
| Whether the district court could grant return without a wrongful removal finding. | Leser—stated in stipulation; court could act on stipulation. | Berridge—no explicit finding of wrongful removal. | Not reaching merits; mootness precludes review of removal finding. |
| Effect of the stipulation on the district court’s order. | Leser—stipulation justified return for Czech hearing. | Berridge—court should have a wrongful-removal finding. | Order based on stipulation; mootness defeats challenge to the finding. |
| Whether to remand or vacate given mootness and lack of a wrongful-removal finding. | Leser—remand for further proceedings if needed. | Berridge—no need for evidentiary hearing. | Case moot; vacate district judgment and remand with instructions to dismiss for lack of jurisdiction. |
Key Cases Cited
- Mills v. Green, 159 U.S. 651 (U.S. 1895) (mandates decision of actual controversies; no moot questions)
- Wyoming v. U.S. Dep’t of Interior, 587 F.3d 1245 (10th Cir. 2009) (case remains viable only if relief can be granted)
- United States v. Juvenile Male, 131 S. Ct. 2860 (U.S. 2011) (case-or-controversy requirement persists at all stages)