Sebastian Guenther v. Elizabeth Victoria McPherson

Summary

The United States District Court for the Southern District of Florida adopted a magistrate judge’s Sixth Report and Recommendation in a Hague Convention proceeding concerning the alleged wrongful removal of a minor child from Germany. The court held the respondent in civil contempt, continued a temporary restraining order, ordered the respondent’s custody until purging contempt, and authorized separate warrants concerning the respondent and the child.

Holdings

1. When no party timely objects to a magistrate judge's report and recommendation, the district court need only determine that no clear error appears on the face of the record before accepting the recommendation.
2. The Sixth Report and Recommendation was approved and adopted because the district court found no clear error on the face of the record.
3. Respondent was held in civil contempt for failing to comply with lawful court orders requiring her personal appearance to address the merits of the Hague Convention petition.
4. The court granted the ex parte motion, continued the temporary restraining order, required Respondent and the child to remain in the Southern District of Florida, prohibited removal of the child from the jurisdiction, and ordered surrender of the child's passport if in Respondent's possession.

Questions Presented

1. What standard of review governs a magistrate judge's report and recommendation when the respondent does not timely object?
2. Whether the Sixth Report and Recommendation should be adopted after clear-error review.
3. Whether Respondent should be held in civil contempt for failing to comply with the court's orders requiring her appearance and participation in the Hague Convention proceeding.
4. Whether the court should continue temporary restraints, require surrender of the child's passport, and issue warrants and other measures to secure the child's presence.

Disposition

approved