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Tuesday, September 20, 2022

Recent Hague Convention District Court Cases - Homer v Homer, 2022 WL 4290465 (S.D. Texas, 2022)

 

Homer v Homer, 2022 WL 4290465 (S.D. Texas, 2022)

[Sweden] [Motion for Attorney’s Fees, Expenses and Costs] granted in part and denied in part.

The Court awarded Derek $32,780 for attorney’s fees and $5,205.65 for expenses. Derek filed motion to recover his attorney’s fees, expenses and costs incurred for the return of S.C.H. in the amount o of $40,437 for Derek’s attorney’s fees and $16,198.22 for Derek’s costs and expenses in the United States and Sweden.  The Court observed that he respondent, not the movant. bears the burden of demonstrating that a fee award is clearly inappropriate. Ebele’s response failed to cite any case interpreting or applying the statute in support of an argument that there was an equitable basis for reducing the award of fees and costs. Ebele’s response did  not provide any evidence regarding her financial condition, employment status or other evidence that courts have used as an equitable basis to reduce an award. Instead, Ebele globally argued that the total amount of fees and costs requested are “patently not reasonable.  

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