Action dismissed after child returned
to Mexico. Award of $12,010 in attorneys fees not clearly inappropriate where
respondent was retired as he was receiving a pension and the amount was
reasonable in light of the purpose of attorneys fees under the Convention is to deter violations of the
convention. Loadstar approach utilized. Attorneys rate of $300 per hour was
reasonable but rates of legal assistants were reduced from $175 and $125 to
$100 because they did not provide information as to the reasonable hourly rates
in Portland and did not provide information as to their experience as legal
assistants. Costs are generally awarded to the prevailing party in a civil
action unless the court directs otherwise. Fed R. Civ. P. 54(d). Costs are
limited to those defined in 28 USC '1920. Costs of $3000 awarded to
petitioner.
In our International Child Abduction Blog we report Hague Convention Child Abduction Cases decided by the US Supreme Court, the Second Circuit Court of Appeals, Circuit Courts of Appeals, district courts and New York State Courts. We also provide information to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information when there is a child abduction that crosses country boarders.
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