Free Order - District Court of Delaware - Delaware

Case 1:04-cv-00308-JJF Document 35 Filed 11/22/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re the Application of
HENRY G. BAXTER, :
Petitioner, ;
v. ; Civil Action No. 04-308-JJF
JODY AMANDA BAXTER, E
Respondent. E
ORDER DIRECTING RETURN OF MINOR CHILD
TO COUNTRY OF HABITUAL RESIDENCE
(Pursuant to the International Child Abduction Remedies Act)
PETITIONER, having filed a petition for the return of his
minor child to Australia pursuant to the Hague Convention On The
Civil Aspects Of International Child Abduction, done at the Hague
on October 25, 1980 (the “Convention”) and the International
Child Abduction Remedies Act, 42 U.S.C. 11601, et seq., IT IS
HEREBY ORDERED as follows:
1. Torin Baxter shall be returned in the company of his
father Henry G. Baxter, on or about January 5, 2006, based on the
availability of airline tickets, to the sovereign nation of
Australia, and shall report to the appropriate Central Authority.
2. Henry G. Baxter shall have the exclusive right to the
physical and legal custody of Torin Baxter during the period of
time required to return Torin Baxter to Australia, the country of
Torin Baxter's habitual residence.
3. Torin Baxter's passports and identification shall be
delivered to counsel for the Respondent forthwith, who shall

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deliver such items to Henry G. Baxter or his counsel prior to or
at the time Torin Baxter is delivered to Henry G. Baxter's
custody for Torin Baxter’s return to Australia.
4. The Petitioner, Henry G. Baxter, shall be allowed
unrestricted weekly telephone calls with Torin Baxter between the
hours of 6:00 p.m. and 7:30 p.m. on each and every Sunday until
Torin’s return to Australia. Nothing in this paragraph shall
prevent the parties from mutually agreeing to an alternative date
and time for the Petitioner’s weekly telephone call with Torin
Baxter.
5. The Petitioner, Henry G. Baxter, shall forthwith
provide to counsel for the Respondent and the Australian Central
Authority his current contact information, including his current
street address in Australia and his current telephone number.
Counsel for the Petitioner shall provide such information to
counsel for the Respondent no later than two weeks from the date
of this Order.
6. The Petitioner, Henry G. Baxter, shall bear the costs
of transporting Torin Baxter to Australia, subject to fifty-
percent (50%) reimbursement, if it is determined at a later date
that Respondent has the funds to make such a payment.
7. This Order is not in any manner a determination of the
merits of any custody issues within the meaning of Article 19 of
the Convention.
8. This Order is made under the Authority of 42 U.S.C.

Case1:O4-cv-00308-JJF Document 35 Fi|ed11/22/2005 Page30f3
ll603(a), conferring upon this Court original and concurrent
jurisdiction with other courts of the United States over matters
brought pursuant to the Convention.
. -ea` V
SO ORDERED this ssp day of November, 2005.
C R
we
:IT’• `·“ ““”BISTRICT JJTCE

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