CUELLAR v. JOYCE

No. 09-35068.

596 F.3d 505 (2010)

Leyda Santalibrada CUELLAR, Petitioner-Appellant, v. Richard Cecil JOYCE, Respondent-Appellee.

United States Court of Appeals, Ninth Circuit.

Submission Vacated November 5, 2009.

Resubmitted and Filed February 19, 2010.


Attorney(s) appearing for the Case

Kevin M. Ashby and Robert R. Miller, Milbank, Tweed, Hadley & McCloy LLP, New York, NY; and Michael Anderson, Anderson & Liechty, P.C., Billings, MT, for the petitioner-appellant.

Ronald F. Waterman and Sarah M. Power, Gough, Shanahan, Johnson & Waterman, PLLP, Helena, MT, for the respondent-appellee.

Before: ALEX KOZINSKI, Chief Judge, RAYMOND C. FISHER and RICHARD A. PAEZ, Circuit Judges.


KOZINSKI, Chief Judge:

Petitioner seeks the return of her daughter to Panama under the Hague Convention on the Civil Aspects of International Child Abduction. The father opposes return; he claims that the mother is neglectful and very poor, that the child has grown used to living in America and that the child's medical needs cannot be addressed in Panama.

I

Richard Joyce built a sailboat and sailed it to Panama, where he met Leyda Cuellar. He's a...

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