Witherspoon

ORDER DISMISSING CASE BASED ON YOUNGER ABSTENTION

I. INTRODUCTION

This matter arises from a dispute over the custody of two minors, J.W. and D.W. (the “Minors”). In July, 2006, German and United States Army authorities removed the Minors from Petitioner Julie Witherspoon’s custody while Ms. Wither-spoon was stationed in Germany. The Minors’ father, Respondent Danny Wither-spoon, came to Germany at the authorities’ request and took the Minors back to the United States, where he began divorce and custody proceedings in state court in Orange County. Ms. Witherspoon also returned to the United States, where she filed a petition in California state court under the Hague Convention and the International Child Abduction Remedies Act (“ICARA”), 42 U.S.C. § 11601 et seq., to have the Minors returned to Germany. The California Court of Appeal stayed this proceeding when the state juvenile court initiated a dependency proceeding, giving the state custody of the Minors to protect them from harm. Ms. Witherspoon now files a petition in the United States District Court under Hague Convention and ICARA, seeking the same relief she previously sought — and has not yet obtained— from the state…