International Child Abduction Remedies Act

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7^th Circuit Court of Appeals

Case Name: Asli Baz v. Anthony Patterson

Case No.: 23-3407

Officials: Wood, Hamilton, and Lee, Circuit Judges.

Focus: International Child Abduction Remedies Act

Asli Baz, a German citizen, initiated legal action under the International Child Abduction Remedies Act (ICARA) to compel Anthony Patterson, a U.S. citizen, to return their six-year-old son, A.P., from Illinois to Germany. Previously, the couple resided together in Chicago, but following the end of their relationship, they continued to cohabit and share custody of their son. Subsequently, Baz relocated to Germany with A.P., with Patterson’s consent. However, Patterson later took A.P. from his school in Germany and brought him back to the U.S., refusing to return him to Germany.

The Northern District of Illinois determined that A.P.’s habitual residence at the time of his retention was in Germany, where he had lived with Baz for over a year. The court concluded that the retention of A.P. in Illinois violated Baz’s rights of custody under German law. Consequently, it granted Baz’s petition and ordered the child’s return. Patterson appealed, disputing both the jurisdiction of the district court and its rulings on the merits of the petition.

The Seventh Circuit dismissed Patterson’s argument asserting the lack of jurisdiction by referring to a provision in the Illinois Allocation Judgment, which conferred exclusive jurisdiction to the Circuit Court of the State of Illinois over the case. Furthermore, the court affirmed the district court’s determination that A.P.’s habitual residence was in Germany and that Baz was exercising her rights of custody at the time of retention. Notably, the court clarified that its decision did not delve into matters of custody, which should be adjudicated by the courts of the child’s habitual residence.

Affirmed.

Decided 04/30/24

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