Strout v. Campbell, 864 So. 2d 1275 (Fla. 5th DCA 2004)

Shannon McLin Carlyle

Case Conclusion Date:January 1, 2004

Practice Area:Appeals

Outcome:Our client prevailed on appeal

Description:This case dealt with the International Child Abduction Remedies Act which implemented the Hague Convention. After a mother absconded with her children to Germany, the trial court awarded primary residential custody of the children to our client, the father. The mother appealed, arguing that the lower court erred in failing to give full faith and credit to a German court's order that determined the children should remain with the mother. The Fifth District disagreed, holding that the Convention did not divest the court of jurisdiction where the children's home state was Florida prior to the parental kidnapping. The opinion clarifies an interesting area of law and relies heavily on the arguments and reasoning contained in our Answer Brief.