Monday, September 15, 2008

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In Barzilay v Barzilay, 536 F.3d 844 (8th Cir. 2008) Sagi and Tamar Barzilay were both Israeli citizens. They had three children, all of whom were Israeli citizens. None of the children lived in Israel for an extended period of time. In 2001 the family moved to Missouri from the Netherlands, and Tamar and the children lived there since that time. On January 6, 2005 a Missouri state court entered a divorce decree in accordance with an agreement reached by the parties. It established joint custody of the children. In the decree the parties agreed that upon the repatriation of one parent to Israel, the other parent would "forthwith" return to Israel with the minor children to live. On September 15, 2005 Sagi repatriated to Israel, but Tamar and the children remained in Missouri. In June 2006 Tamar took the children to Israel for a visit, intending to return to the United States on July 9, 2006. On July 3, 2006 Sagi filed an ex parte request for stay of exit of minors in the family court of K'far Saba, Israel and argued that Tamar had violated the Missouri court decree by failing to repatriate to Israel with the children. The parties entered into a consent agreement in which Tamar agreed to an interim international parenting agreement pending her repatriation to Israel consistent with the Missouri divorce decree and to repatriate to Israel with the children by August 1, 2009. The parties agreed, among other things, that Tamar's repatriation by the appointed date was an "irrevocable commitment" and that the "sole and only international authority in regards to the minors' immigration, repatriation and custody" was the court in K'far Saba. The consent agreement was formalized in a verdict of the Israeli court. Tamar testified in an affidavit submitted to the federal district court that she only signed the Israeli consent agreement so that she would be permitted to leave the country with the children and that she had no intention of complying with its terms. On December 3, 2006, Sagi sued Tamar in the Israeli court, on the grounds that she had not complied with the consent decree by refusing to permit the children to visit Israel as agreed upon in the consent agreement. On July 3, 2007, the Israeli court issued a judgment holding Tamar in contempt of court for failing to return the children to Israel for a visit as required under the agreement and ordered her to do so by July 10, 2007. She appealed, but the lower court was affirmed on November 26, 2007. Meanwhile on June 6, 2007, Tamar filed a petition in Missouri state court to modify the couple's divorce decree to restrict Sagi's visitation rights with the children and a month later she moved for a temporary restraining order to prevent the enforcement of the Israeli judgment requiring her to send the children to Israel by July 10. Sagi entered an appearance for limited purpose in state court to challenge its jurisdiction, but at no time did he file a Hague petition there. On October 16, 2007, the state court issued an order denying Sagi's motion to dismiss or in the alternative to decline jurisdiction. In its two page order the court stated that "[t]he mere presence of the minor children on vacation in Israel is insufficient to establish a 'habitual presence' [under ICARA]." Sagi filed suit in the Eastern District of Missouri on October 18, 2007, seeking immediate access to the children and their return to Israel under ICARA.3(b). The district court abstained from hearing the case pursuant to Younger v. Harris, 401 U.S. 37, 91 S.Ct. 746, 27 L.Ed.2d 669 (1971 to avoid interfering with a state court ruling on what it considered the merits of a Hague Convention claim.
The Eighth Circuit reversed. It pointed out that Federal courts have a "virtually unflagging obligation ... to exercise the jurisdiction given them." Colorado River Water Conservation Dist. v. United States, 424 U.S. 800, 817, 96 S.Ct. 1236, 47 L.Ed.2d 483 (1976). However, the Supreme Court has articulated several abstention doctrines as exceptions to this rule, one of which is the Younger doctrine. In order for a federal court to abstain under the Younger doctrine there must be an ongoing state proceeding which implicates important state interests and which affords an adequate opportunity to raise the federal issues. Middlesex County Ethics Comm. v. Garden State Bar Ass'n, 457 U.S. 423, 432, 102 S.Ct. 2515, 73 L.Ed.2d 116 (1982); Silverman I, 267 F.3d at 792. It noted that the Hague Convention requires that state court custody proceedings be stayed until the resolution of the Hague litigation. ("[T]he judicial or administrative authorities of the Contracting State to which the child has been removed or in which it has been retained shall not decide on the merits of rights of custody until it has been determined that the child is not to be returned under this Convention.") Yang v. Tsui, 416 F.3d 199, 201 (3d Cir.2005). It is consistent with this purpose that it is the custody determination, not the Hague Convention Petition, that should be held in abeyance if proceedings are going forward in both state and federal courts." The pendency of state custody proceedings does not support Younger abstention in the Hague Convention context. Moreover, given that Sagi obtained a custody determination from an Israeli court and Tamar obtained a custody determination from a state court in this country, the federal district court was uniquely situated to adjudicate the question of whether Israel or Missouri was the habitual residence of the Barzilay children and whether they were wrongfully removed from that residence. Although the state clearly has an important interest in child custody matters, that interest has not been considered to be a significant factor in terms of abstention where ICARA is involved. See Yang, 416 F.3d at 204 ("It would make the Hague Convention and ICARA meaningless if a federal court abstained in a Hague Convention Petition because child custody was being disputed in state court."). The Court found that the state court proceedings did not afford Sagi an adequate opportunity to raise the Hague Convention issues. The controlling case in the Eighth Circuit was Silverman I, which concluded that abstention was inappropriate in Hague Convention cases. 267 F.3d at 792. The district court sought to distinguish Silverman I, citing the Third Circuit's decision in Yang which recognized situations in which the Hague Convention issues could be litigated in state court. The Eighth Circuit noted that it is the "petitioner [who] is free to choose between state or federal court." Yang, 416 F.3d at 203. Neither Tamar nor Sagi filed a Hague petition in state court. Tamar merely referenced the Hague Convention twice, in her motion to modify the divorce decree, and in her motion for a temporary restraining order. At no time did Tamar file a Hague petition in the Missouri court. She did not request the state court to make a habitual residence determination under the Hague Convention. She did not allege or ask the state court to rule that Sagi had wrongfully removed the children to Israel or wrongfully retained them there. Sagi's special appearance in Missouri was for the "limited purpose of opposing [the state court's] jurisdiction." Sagi restricted his state court arguments to jurisdictional issues. He never raised the Hague Convention before the state court except to contest its exercise of jurisdiction. Sagi never engaged in an argument in the state court on the merits of the Hague Convention considerations--habitual residence and wrongful removal. Rather, he informed the state court that he intended to file a Hague petition in federal district court to litigate the merits of the Hague issues in that forum. Because neither parent filed a Hague petition in state court, the Eighth Circuit concluded that the Hague Convention issues were not properly or fully raised in that proceeding. The parties did not litigate the merits of such issues, and any statement by the state court touching on an issue under the Hague Convention inquiry is not controlling. It is "the petitioner [who] is free to choose between state or federal court," Yang, 416 F.3d at 203, and in the absence of a Hague petition the state court proceeding did not present an adequate opportunity to litigate ICARA issues. It was therefore an abuse of discretion for the district court to abstain.

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  67. Anonymous3:40 PM

    Playing bingo needs more than luck or skills and techniques, contrary to what most believe. Bingo, just like any game of chance, comes with rules and regulations that players should observe. Being a player comes with responsibilities and etiquette.

    Winning the Game

    The moment you figured out you won, you must immediately yell BINGO, and it should be loud enough for the floor walker to hear. The pot money shall be given to the winner once their winning card is confirmed. Well, in winning or once you know you just won, the most important thing is that you shout the winning word BEFORE the time elapses. If the game proceeds and the next number is mentioned and you failed to shout "Bingo", your winning card is disqualified. Therefore, this is the rule you must know.

    There may be cases when there are two winners, and in this case the pot money shall be divided equally among the winners. Supposing there are two winning cards, the two winners will share half the prize money.

    Bingo Game Rules

    Bingo rules are basically the same no matter in which Online Bingo hall you play. But still it's good if you know these rules by heart. If it is your first try, then ask for handouts and inquire from pros regarding the game rules. Nonetheless, the ideal thing to do if you have questions is to ask the floor walker and not the person seated beside you. You should clarify things and doubts before the game starts because asking too many questions as the game proceeds could well distract you. This guideline also applies to those who are newcomers at casinos, those who play roulette for the first time.

    Bingo halls demand an age limit of 18 years old. If you are below this age, you are prohibited to play. Some bingo houses ban alcohol inside, so players aren't supposed to take liquor nor drink it inside the venue. Smoking may also be restricted inside the venue, as there are designated smoking sections.

    Take note that some Bingo houses don't allow food but some do, so it basically depends on the venue. Policies vary among different venues. For instance, some bingo halls allow reservation of cards, while others don't allow it. Some allow people to leave the venue in the middle of the game, others forbid it. But there are general policies observed in all bingo houses, such as disqualification of tampered bingo cards. There is no way you can get away with a tampered card because the walkers are adept at identifying authentic cards from tampered ones. You could be banned from a bingo establishment if proven liable of tampering a card. Hence, you should play honestly.

    Interestingly, some venues offer special bingo games for kids although some halls don't allow players to have companions while playing. Suppose you bring kids with you, don't let them run around the venue and bother other gamers. They should behave well whilst you play and the game proceeds. Play quietly and don't recite the numbers you desperately want to come off because you'll be much of a disturbance if you do. Decorous playing is expectant of all players, even those who play roulette at casinos. Also, having a valid identification is important because you don't know you might win and need to present credentials.

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  68. Anonymous2:01 PM

    hello


    Just saying hello while I read through the posts


    hopefully this is just what im looking for, looks like i have a lot to read.

    ReplyDelete
  69. Anonymous7:49 PM

    ShoppingBlogging.com - [url=http://www.shoppingblogging.com]Online Shopping[/url] for Christmas

    It appears each calendar year many people begin buying previously and previously for Christmas. Final 12 weeks I started out in the starting of October and had all of the reveals wrapped from the end belonging to the month. This calendar year I started out even sooner to carry benefit of the couple of outlets providing mid yr revenue.

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    Searching previously has two major benefits - obtaining greater discounts and avoiding the vacation rush. Nonetheless it has its drawbacks as well. Several toy and game producers specially, only launch their most recent merchandise extremely near towards the holidays. This indicates that if you're likely to store inside the center of your yr, you won't have the ability to acquire the newest objects over the marketplace. One way to acquire close to this would be to pre-order. Actually pre-ordering solutions may even fetch you special discounts and free of charge presents.
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    But in a great deal of instances, in the event you maintain your eyes open, you are able to get superior offers through the slow or off season, retail sensible. A number of mobile phone producers launch their most recent designs for the duration of the center in the 12 several weeks. This suggests that previous versions is going to be likely at rock bottom rates about two many weeks prior to the launch with the replacement.

    Some persons carry browsing before towards the severe but hunting proper right after the holidays for that following holidays. Post vacation product sales are at times even improved than pre-holiday product sales as departmental shops attempt to obvious excess stock by providing ridiculous reductions.

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    Moving up Christmas hunting a number of many weeks will take to some extent adjustment, spending budget sensible, specifically while in the 1st calendar year in the timetable alter. Nonetheless it doesn't carry a great deal to obtain used to it. Its just a matter of preserving to some set routine of placing quite money apart for shows.

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    Apart from producing purchases for the duration of revenue, acquiring in bulk can conserve you quite a lot of money. Its usually very good to break recipients into a handful of groups initial - near loved ones, loved ones, near pals, associates, colleagues - you receive the thought. Performing so enables you to organize your getting more effective. That stated I only have two recipient groups - instant loved ones and other people.

    Obviously you'll desire to purchase additional private and thoughtful presents to make the citizens closer for you. But for far more generic presents, I recommend pack hunting, that is just like pack hunting, only nicer.

    Pack looking right here usually means gathering a few of good friends with comparable browsing lists after which getting in bulk to carry benefit of economies of scale. I usually pack store with two other consumers in relation to generic presents. You can come across that you possibly can get seriously great presents like wine glasses at certainly good rates whenever you pack store.

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  70. Anonymous6:10 PM

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  71. Anonymous11:12 PM

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  72. Anonymous1:36 PM

    Dieta Dieta Dietrine Phaseolamin (Faseolamina) Brasil mudou a minha vida totalmente



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