Case Update (5 June 2024): Bartlett v. Brdlik; Maryland federal court issues Article 15 determination of wrongful retention under Abduction Convention

The U.S. District Court for the District of Maryland issued a Memorandum Opinion on June 5, 2024, finding that the Respondent was wrongfully retaining the parties’ minor child in Germany pursuant to Article 3 of the Hague Abduction Convention. Petitioner sought this opinion using Article 15 of the Hague Abduction Convention, which states, “[t]he judicial or administrative authorities of a Contracting State may, prior to the making of an order for the return of the child, request that the applicant obtain from the authorities of the State of the habitual residence of the child a decision or other determination that the removal or retention was wrongful within the meaning of Article 3 of the Convention, where such a decision or determination may be obtained in that State. …”

The parties are parents to one child. Pursuant to a Maryland Custody order in 2020, and then a subsequent temporary custody agreement in 2023, the minor child was to travel to Germany on or about January 6, 2023, and return to Maryland on or before July 1, 2023. The temporary agreement also said “[t]his stay is on a month to month evaluation basis …” Apparently there is a pending custody matter in Germany right now. Petitioner filed this federal court case to seek this opinion to aid her in her request to return the minor child to Maryland.

The federal court in Maryland concluded that Maryland was the child’s habitual residence, with the child having resided in Maryland continuously since 2019 (until January 6, 2023), and based on the custody order and temporary agreement, the Respondent was wrongfully retaining the child in Germany.

Since the Petitioner had been unable to serve the Respondent yet, the court noted that the Respondent may move to rescind this Memorandum Opinion within 45 days of service of process.