In Re Marriage of Witherspoon

Danny Witherspoon challenges the trial court’s order (a) requiring the return to Germany of his two children from his marriage with Julie Witherspoon under the Hague Convention on the Civil Aspects of International Child Abduction, October 25 1980, T.I.A.S. No. 11670, 1343 U.N.T.S. 49 (reprinted at 51 Fed.Reg. 10494 (Mar. 26, 1986)) (Convention), (b) declaring California an inconvenient fomm for adjudicating their custody dispute, and (c) awarding Julie temporary custody of the children pending their return to Germany. We conclude the trial court erred in failing to make factual findings regarding certain enumerated exceptions to the children’s return under the Convention, and in awarding temporary custody of the children to Julie without considering whether doing so would pose a substantial risk of harm to them. We therefore reverse the order and remand for further proceedings.

I

Factual and Procedural Background

Danny was a high school band teacher in California when he began a sexual relationship with 16-year-old Julie, one of his students. When rumors regarding Danny’s sexual involvement with students surfaced, Julie, who was still 16 years old, moved with Danny to…