Catherine Jane Von Kennel Gaudin v. John R. Remis, Jr.

We must decide whether the parent of an abducted child may maintain suit under the International Child Abduction Remedies Act and the Hague Convention on the Civil Aspects of International and Child Abduction when she relocates permanently to the United States after filing suit while residing abroad.

I

Catherine Gaudin and John Remis lived in Hawaii as a couple from 1988 until 1992. During their relationship, they had two children, John and Andreas. Gaudin and Remis ended their relationship in 1992, with Gaudin and the children relocating to Quebec, Canada. As part of the relocation, Gaudin and Remis entered into a stipulated custody judgment in Hawaii Family Court. They agreed that Gaudin would receive sole custody of the children, subject to visitation rights by Remis.

During the past few years, Remis has become increasingly concerned about Gau-din’s treatment of the children. He claims that Gaudin has become a “religious fanatic” who has psychologically harmed the children by imposing bizarre restrictions on their lives. For example, he alleges that Gaudin prohibits them from playing with other children, refuses to allow them to watch television, and dresses them in odd and…