- The
Legal Chronology
- The case first went to Judge Robert
Allgood in the Superior Court of Columbia County, State of Georgia.
After an evidentiary hearing on November 14, 1997, Judge Allgood
issued an order transferring the case to Family Court in Aiken,
South Carolina. Judge Allgood felt he did not have jurisdiction
because the children lived in North Augusta, South Carolina.
However the children were located in Georgia, giving Judge Allgood
authority to accept jurisdiction under both ICARA and the Treaty.
This single determination on the part of Judge Allgood would
trap Christiane and her children in the United State for more
than six months.
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- On November 26, 1997 Christiane's
Attorneys, Linda Shay Gardner, Daniel Butler, and John Creson
appeared before Judge Peter R. Nuessle in the Family Court, State
of South Carolina, County of Aiken. After hearing from the attorneys,
Judge Nuessle determined that "based on the arguments presented
to me and the law, I find that there should be an evidentiary
hearing to determine weather there has been a wrongful removal
within the meaning of Hague Convention and applicable Federal
and State law". Judge Nuessle set a date of January 19,
1998 for the hearing. This was almost two months from the date
of his original hearing, which was clearly in violation of Articles
1 and 11 of the Hague Treaty. Article Eleven states that judicial
authorities should act "expeditiously in proceedings for
the return of children".
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- At this point, Christiane's attorneys
filed in the United States District Court, for the Southern District
of Georgia. After hearing arguments from both sides, Judge Dudley
H. Bowen concluded, "My opinion and conclusion is that this
matter needs to move forward". He further stated that "this
Court has original and concurrent jurisdiction with the state
court". Judge Bowen also found that "the Superior Court
of Richmond County has not addressed, in this order, factual
findings that are sufficient to support the conclusion that is
drawn about the absence of jurisdiction". Judge Bowen held
hearings on the 12th and 19th of December 1997. On November 22,
1997, Judge Bowen ruled that the children were wrongly removed
from Germany in violation of the Hague Treaty, and ordered their
immediate return.
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- On December 23, 1997, while Christiane
and the girls were at the Atlanta Airport, a stay in Judge Bowen's
order, to return the children to Germany, was issued by the Eleventh
Circuit Court of Appeals in Atlanta. This new order barred the
children from leaving the states of Georgia or South Carolina.
Christiane and the children returned to our house where they
stayed until the stay was lifted on May 7, 1998, by the United
States Court of Appeals.
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- Even after Judge Bowen assumed jurisdiction
of the proceedings and ordered the return of the children to
Germany and while the case was on appeal to the Eleventh Circuit
Court, Judge Nuessle still refused to relinquish his jurisdiction
and proceeded to try and force the return of the children to
the abductors. On February 13, 1998 Justice Toal of the Supreme
Court of South Carolina issued a stay of the family court order
that ordered Christiane to turn her children over to South Carolina
by February 16, 1998. This stay was in support of Judge Bowen's
order "enjoining the parties to this appeal from in any
way participating in the South Carolina family court action."
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- In an order dated February 19, 1998,
Justice Toal issued the following additional order. "It
is ordered that the stay in this matter is continued until the
federal litigation between the parties is finally resolved".
(The matter was at this point at the Eleventh Circuit Court of
Appeals on appeal.)
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- On July 13, 1998, Christiane's former
husband and his mother appealed to the United States Supreme
Court for a writ of certiorari to review the judgement of the
United States Court of Appeals for the Eleventh circuit. On February
22, 1999, the petition for a writ of certiorari was denied.
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- Below are a few pictures of the
children and Christiane while they were living in Lawrenceville,
Georgia. December 23, 1997 through May 7, 1998
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