Opinion
Civil No. 00-2274 (JRT)
September 18, 2003
Susan Anderson McKay, MCKAY LAW OFFICE, Eden Prairie, Minnesota, for plaintiff
Michael Baxter, LAW OFFICES OF MICHAEL BAXTER, Apple Valley, Minnesota, for defendant
ORDER
In an Order dated August 28, 2003, the Court ordered, consistent with the mandate of the Eighth Circuit Court of Appeals, that Julie Hechter Silverman (n/k/a Julie Hechter) return the parties' two minor children to Israel. That Order discussed many specifics of the return, but did not discuss who would cover the cost of the airline tickets for the two minor children.
Julie Hechter represents that she does not have sufficient funds to pay all the expenses involved in relocating to Isreal. Robert Silverman has refused to pay any portion of the airline tickets for the two minor children. In response, Julie Hechter requests alternate relief from this Court. She first requests that Robert Silverman be ordered to pay the cost of the airline tickets for the two minor children; in the alternative, she requests that she be given additional time to secure the necessary funds and to receive the lower "advance price" for the airline tickets.
The Court resolves the issue as follows in the Order portion. The Court notes that the parties will have to work together for the safe return of their children. The Court expects that neither party is attempting to avoid the mandate of the Eighth Circuit Court of Appeals, or of this Court, and that both parties will work in good faith to follow this Court's orders.
ORDER
IT IS HEREBY ORDERED THAT:
Robert Silverman shall, at his option, EITHER
1. Pay the full cost of two, coach class airline tickets from the United States to Israel. Within three (3) days of the date of this Order, Julie Hechter shall select the most direct flight from the United States to Israel, and inform Robert Silverman of the airline, flight number(s) and date of the flight. Julie Hechter must select a flight that leaves the United States within twelve (12) days of the date of this Order. Robert Silverman shall then immediately purchase two, coach class tickets for the boys, and the tickets shall be delivered to Julie Hechter immediately. Julie Hechter shall be responsible for purchasing her own ticket on the same flight; OR
2. Robert Silverman may elect to pay one-half of the cost of two, coach class airline tickets from the United States to Israel. However, if this option is chosen, Julie Hechter will be allowed to select advance-purchase tickets leaving no later than thirty-one (31) days of the date of this Order. If this option is chosen, within two days of the date of this Order, Julie Hechter shall select the most direct flight from the United States to Israel, and inform Robert Silverman of the airline, flight number(s) and date of the flight. Julie Hechter must select a flight that leaves the United States within thirty-one days of the date of this Order. Robert Silverman shall then immediately purchase one coach class ticket, and the ticket shall be sent to Julie Hechter. Julie Hechter shall be responsible for purchasing her own ticket, and one additional ticket on the same flight,
3. Robert Silverman must immediately elect one of these options, and inform Julie Hechter or her attorney which option he has selected. Robert Silverman has one day to make this election.
4. The Order of August 28, 2003 remains in full force and effect. Other than the date of return (paragraph 3 in August 29, 2003 Order), nothing in this Order makes any changes or modifications to the August 28, 2003 Order.