Whiting v. Krassner, etc.

In a precedential decision, the Third Circuit panel held that the District Court had jurisdiction, pursuant to 28 U.S.C. sec. 1331 and 42 U.S.C. sec. 11603(a), over the plaintiff-mother’s petition under the Hague Convention on the Civil Aspects of Child Abduction for the return to Canada of her daughter, who had been taken by the defendant-father to the U.S. without plaintiff’s consent.

After an expedited hearing, the District Court determined that the child’s place of habitual residence at the time of her removal was Canada, and ordered that she be returned; the court also granted plaintiff’s request for attorney’s fees and costs.