Khalip v. Khalip

Full title: OLEG YURIYOVICH KHALIP, Petitioner, v. ALLA VIKTORIVNA KHALIP, a/k/a ALLA…

Court: UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Date published: Aug 15, 2011

Case No. 10-13518 (E.D. Mich. Aug. 15, 2011)

Opinion

Case No. 10-13518

08-15-2011

OLEG YURIYOVICH KHALIP, Petitioner, v. ALLA VIKTORIVNA KHALIP, a/k/a ALLA VIKTORIVNA GALKIN, Respondent.

AVERN COHN

HON. AVERN COHN

CLARIFICATION ORDER

This case involves a petition for the return of minor children pursuant to the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act (ICARA). 42 U.S.C. §§ 11601-11610. On May 17, 2011, the Court ordered Petitioner Oleg Yuriyovich Khalip (Petitioner) and Alla Viktorivna Khalip's (Respondent) two children back to the Ukraine and stayed the effectiveness of the order for 30 days. (Doc. 31). On June 14, 2011, Respondent filed a motion for reconsideration. (Doc. 33). On June 22, 2011, the Court denied the motion and lifted the stay. (Doc. 39). On June 30, 2011, the Court granted Petitioner's motion to enforce the return order, effective July 11, 2011, and denied Respondent's motion for a stay pending appeal. (Doc. 45).¹

1 The full background of the case is reflected in the stated memorandums and orders, particularly the Memorandum and Order Granting Petitioner to Return Minor Children, (Doc. 31), and the Memorandum and Order Granting Petitioner's Motion to Implement and Enforce Return Order. (Doc. 45).

Now before the Court is Respondent's motion asking the Court to clarify that a June 30, 2011, order enforcing the return order, (Doc. 45), did not award custody rights to either party. Indeed, as stated in the Memorandum and Order Granting Petitioner to Return Minor Children, (Doc. 31), in an ICARA case the Court "has jurisdiction to decide the merits of an abduction claim, but not the merits of the underlying custody dispute. Blanc v. Morgan, 721 F. Supp. 2d 749, 757 (W.D. Tenn. 2010); ICARA, § 4(b); 42 U.S.C.A. § 11603(b).

Accordingly, the Court did not award custody rights in its June 30, 2011, order, (Doc. 45), or in any other order entered in this case.

SO ORDERED.

AVERN COHN

UNITED STATES DISTRICT JUDGE
I hereby certify that a copy of the foregoing document was mailed to the attorneys of record on this date, August 15, 2011, by electronic and/or ordinary mail.

Julie Owens

Case Manager, (313) 234-5160