Case Update (3 Feb 2026): Aubert v. Poast; District Court has jurisdiction to enter interim measures under ICARA pending appeal

The Petitioner Father appealed an order denying the return of his two children to Norway under the Hague Abduction Convention. Oral arguments were held on January 30, 2026. After the Father noted this appeal, he separately requested that the district court reinstate the interim visitation schedule he had with the children during the litigation in that court. The district court had ordered this interim visitation under the provisions in the International Child Abduction Remedies Act (ICARA), which is the U.S. implementing legislation for the Abduction Convention. ICARA sec. 9004 provides for “any court exercising jurisdiction of an action brought under… [ICARA] may take or cause to be taken measures under Federal or State law, as appropriate, to protect the well-being of the child involved or to prevent the child’s further removal or concealment before the final disposition of the petition.” The district court denied the Father’s request to reinstate the interim visitation schedule, stating that the court was divested of jurisdiction. The Father separately appealed this to the 7th Circuit Court of Appeals.

On February 3, 2026, the 7th Circuit issued a decision reversing the district court’s denial of the Father’s interim visitation pending appeal. The CofA has not yet rendered a decision on the other appeal. The 7th Circuit found that the district court was not divested of jurisdiction to issue provisional remedies under 9004 pending appeal, that reinstating the interim visitation would not interfere or undermine the 7th Circuit’s consideration of the appeal, that there is no final disposition in this case yet, and that the district court can exercise this power to protect the well-being of the children (the language used in ICARA).