On August 31, 2021, the 9th Circuit remanded to the U.S. District Court for the District of Arizona to address the likelihood that the alternative remedies it crafted in its order returning the parties’ children to Germany were likely to be performed. As a reminder, in September 2020, the U.S. District Court ordered that Mr. Radu and Ms. Shon’s two children be returned to Germany, but, because the court concluded returning the children to Mr. Radu would present a grave risk of psychological harm, the court ordered that “Shon shall retain temporary custody and care of the children until a custody determination can be made by a German court of competent jurisdiction.” This would naturally mean Ms. Shon would need to relocate to Germany with the children for them to remain in her temporary custody.
On October 13, 2021, the U.S. District Court scheduled a November 3, 2021 evidentiary hearing to address the following issues:
(1) the likelihood that authorities in Germany would enforce this Court’s September 17, 2020 Order;
(2) the availability of legal measures in Germany to mitigate any risk of harm to O.S.R. and M.S.R.;
(3) the feasibility of obtaining protective measures abroad or initiating German custody proceedings from abroad;
(4) the pendency of any criminal charges in Germany against Shon related to the abduction of O.S.R. and M.S.R.;
(5) the need for this Court to procure assistance from the United States Department of State Office of Children’s Issues; and
(6) the logistics of the children’s return.
The court continued the temporary stay of the return order until November 17, 2021. Stay tuned for updates.