MARIETTA PIELAGE, PLAINTIFF-APPELLANT,
v.
JAMES VINCENT MCCONNELL, III, DEFENDANT-APPELLEE
EDMONDSON, Chief Judge, CONCURS in the result. . The complaint does not specify the results of the DNA test, but elsewhere it alleges that Pielage was "pregnant with Mr. McConnell's child.” In addition, McConnell filed an amended petition in state court alleging that he is the father. So, both parties agree that McConnell is the father. . At oral argument, the parties informed us that a final custody hearing had been scheduled for September 20, 2007, but it was continued to December 3, 2007. They have since informed us that the hearing had been continued yet again. It is not clear whether the pendency of this federal court proceeding has contributed to the delay in resolving the state court litigation, but we hope that the state court will not interpret anything that the district court has said or that we are saying as a reason not to decide that case as soon as it otherwise would. .Pielage did not suggest to the state court that it lacked jurisdiction to decide the paternity, child custody, child support, or any other issues until she filed on November 21, 2007 a motion to dismiss the case on the ground that under Alabama's version of the Uniform Child Custody and Jurisdiction and Enforce-mént Act, his home state was the Netherlands. That motion apparently remains pending. . As we noted in Ruiz, "Elisa Perez-Vera was the official Hague Conference reporter whose report is 'recognized by the Conference as the official history and commentary on the Convention and is a source of background on the meaning of the provisions of the Convention available to all States becoming parties to it.’” Ruiz, 392 F. 3d at 1251 n. 2 (citation omitted). . According to the allegations in the complaint, Josha was born in Fairhope, Alabama on September 17, 2005. He then spent the first three months of his life in Alabama.
On December 12, 2005, Pielage traveled to the Netherlands with Josha, and they returned to Alabama on January 6, 2006. At that point, Josha spent another two months in Alabama.
On March 19, 2006, Pielage returned with Josha to the Netherlands, and they came back to Alabama on April 9, 2006. Josha then spent the next five months in Alabama, at which time the state court entered the ne exeat order.
Therefore, from the time he was born until the ne exeat order was entered, which was approximately one year, Josha spent a total of ten months in Alabama and only two months in the Netherlands.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By (478 total)
-
Danley v. Allen, 540 F.3d 1298 (11th Cir. 2008)…findings about the evidence, denied the motions to dismiss again, and the defendants have appealed again. I. For now, we take the facts alleged in the complaint as true and construe them in the light most favorable to Danley. Pielage v. McConnell, 516 F. 3d 1282, 1284 (11th Cir.2008). In that light the facts are that on July 11, 2004 Danley was arrested for driving under the influence and taken to the Lauderdale County, Alabama Detention Center. Once there he was put in a group cell that had no toilet. Af…
-
Powell v. Sheriff Jacqueline Barrett, 541 F.3d 1298 (11th Cir. 2008)…searched solely because they were entering the general population of inmates at the detention facility. Because this is an appeal from the denial of a motion to dismiss, we take the facts from the allegations of the complaint. Pielage v. McConnell, 516 F. 3d 1282, 1284 (11th Cir.2008); Locke v. SunTrust Bank, 484 F. 3d 1343, 1345 n. 1 (11th Cir.2007); Spain v. Brown & Williamson Tobacco Corp., 363 F. 3d 1183, 1186 (11th Cir.2004). The allegations are that four of these five-plaintiffs were taken to the Ful…
-
Roque Jacinto Fernandez v. Bailey, 909 F.3d 353 (11th Cir. 2018)…age of this return remedy is no easy task. Because ICARA requires reviewing courts to have personal jurisdiction over the abducted child, a parent can only file a return petition in the district where the child is located. See Pielage v. McConnell , 516 F. 3d 1282, 1286 (11th Cir. 2008) (citing 42 U.S.C. § 11603(b) ). Practically, for a foreign parent seeking the return of their child from the United States to that parent's country, this means that the foreign parent cannot petition until they locate their…
Previewing 3 of 478 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- Volkswagenwerk Aktiengesellschaft v. Schlunk, 486 U.S. 694 (U.S. 1988)
- Geneba Glover v. Liggett Grp., Inc., 459 F.3d 1304 (11th Cir. 2006)
- Lops v. Lops, 140 F.3d 927 (11th Cir. 1998)
- Ruiz v. Tenorio, 392 F.3d 1247 (11th Cir. 2004)
- Yapp v. Reno, 26 F.3d 1562 (11th Cir. 1994)