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Motion to stay interim order allowing mother to relocate children to Sweden pending trial dismissed.
The father brought a motion to stay an interim order that allowed the mother to relocate with their two children to Sweden pending a trial scheduled for December.
The court considered the tests for both a stay and leave to appeal, emphasizing that the best interests of the children and continuity of care were paramount.
Finding no grave prejudice or irreparable harm to the father, and noting the assessor's recommendation that the children remain in the mother's primary care, the court dismissed the motion for a stay and awarded costs to the mother.
Uncertain immigration status does not create an intolerable situation justifying refusal to return child under Hague Convention.
The mother appealed an order refusing to return her six-year-old child to California under the Hague Convention.
The motion judge had found that the mother and child's uncertain immigration status in the United States would place the child in an intolerable situation and that returning the child would be contrary to public policy.
The Court of Appeal allowed the appeal, holding that uncertain immigration status does not meet the high threshold of an intolerable situation under Article 13(b) of the Convention.
The court ordered the child returned to the mother in Los Angeles, provided United States authorities permit entry.
