Salazar v. Maimon

Plaintiff filed suit under the International Child Abduction Remedies Act (ICARA), 42 U.S.C. 11607(b)(3), against defendant for the return of their child. The parties settled and plaintiff filed a motion for attorneys' fees and necessary expenses. The court found that the settlement order was sufficient to create a duty on the district court to order an award of necessary fees and expenses under section 11607(b)(3)'s fee-shifting provision. The court concluded that the district court functioned within its broad discretionary powers in declining to conduct an evidentiary hearing and deferred to the district court's determination that $39,079.13 was a reasonable award for the necessary expenses incurred by plaintiff in obtaining the return of her child. Accordingly, the court affirmed the judgment of the district court. View "Salazar v. Maimon" on Justia Law