Summary
This memorandum opinion and order from the U.S. District Court for the Eastern District of Texas addresses the Respondent’s emergency motion for a stay of judgment pending appeal in a Hague Convention child custody case. Applying the Fifth Circuit’s four-factor test, the Court finds that the Respondent has not demonstrated a likelihood of success on the merits, irreparable injury, or substantial harm to the opposing party, nor does the public interest favor a stay. Consequently, the Court denies the motion and allows the final judgment ordering the children's return to Canada to take effect.
Topics
Practice areas
Questions Presented
- Whether the district court should grant a stay pending appeal of its final judgment under the Hague Convention.
Holdings
- The court denied the emergency motion for a stay pending appeal.
Key quotations
““A stay pending appeal is extraordinary relief for which [the movant] bear[s] a heavy burden.”” (at 1)
““A stay is an intrusion into the ordinary processes of administration and judicial review, and accordingly is not a matter of right, even if irreparable injury might otherwise result to the appellant.”” (at 1)
Factual background
The children were determined to be habitually resident in Canada. Respondent retained the children in Texas contrary to a court order, prompting the petitioner to seek return of the children to Canada under the Hague Convention.
Procedural history
The district court held a bench trial on December 16-17, 2024, entered Findings of Fact and Conclusions of Law and a Final Judgment on January 17, 2025. Respondent filed a notice of appeal on January 21, 2025, and an emergency motion for a stay on January 22, 2025. Petitioner responded on January 23, 2025. The court denied the motion.