Free Proposed Order - District Court of Delaware - Delaware

Case 1:04-cv-00308-JJF Document 34 Filed 11/10/2005 Page1 of 3
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
In re the Application of: :
HENRY cs. amen, E
Petitioner,
: C.A. No. 04-308 JJF
v. :
JODY AMANDA BAXTER,
Respondent, I
PROPOSED ORDER DIRECT ING RETURN OF MINOR CHILD
TO COUNTRY OF HABITUAL RESIDENCE _
(Pursuant to the International Child Abduction Remedies Act) l
PEITTIONER, having Hled a petition for the return of his minor child to
Australia pursuant to the Hague Convention On The Civil Aspects Of International
Child Abduction ("the Convention"), IT IS HEREBY ORDERED as follows:
1. Torin Baxter shall be returned in the company of his father, Henry
G. Baxter, on or about December 17, 2005, 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 identincation shall be delivered to
counsel for the Respondent forthwith, who shall deliver such items to Henry G.

Case 1:04-cv-00308-JJF Document 34 Filed 11/10/2005 Page 2 of 3
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 his current,
verifiable, 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 Respondent no later than two weeks from the date of
this Order.
6. Petitioner shall bear the costs of transporting Torin Baxter to
Australia, as it would be clearly inappropriate to order Respondent to bear these
costs. 42 U.S.C. § 11607 (b)(3).
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. § 11603(a),
conferring upon this Court original and concurrent jurisdiction with other courts
of the United States over matters brought pursuant to the Convention.

Case 1:04-cv-00308-JJF Document 34 Filed 11/10/2005 Page 3 013
SO ORDERED this day of November, 2005
United States District Judge

Case 1:04-cv-00308-JJF

Document 34

Filed 11/10/2005

Page 1 of 3

Case 1:04-cv-00308-JJF

Document 34

Filed 11/10/2005

Page 2 of 3

Case 1:04-cv-00308-JJF

Document 34

Filed 11/10/2005

Page 3 of 3