Dale Harvey v. Garann Rose Means

Seattle, Washington Hague Convention on the Civil Aspects of Child Abduction and International Child Abduction Remedies Act family law lawyers represented the parties.

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Article 26 of the Hague Convention contains a fee-shifting provision that permits a court to award attorney fees and incidental costs to a successful petitioner. It states:



Upon ordering the return of a child or issuing an order concerning rights of access under this Convention, the judicial or administrative authorities may, where appropriate, direct the person who removed or retained the child, or who prevented the exercise of rights of access, to pay necessary expenses incurred by or on behalf of the applicant, including travel expenses, any costs incurred or payments made for locating the child, the costs of legal representation of the applicant, and those of returning the child.



Convention, art. 26.

The Court found and ordered as follows:



4.1 The Court GRANTED in part Petitioner's motion for fees and costs. Dkt. No. 99.



4.2 The Court awardded Petitioner $85,472 in reasonable attorney fees and $1,409.69 in costs and expenses.



4.3 Petitioner is awarded post-judgment interest at the rate of 4.46 percent from the date of this Order to the date of satisfaction of the judgment.



4.4 The Court stayed enforcement of this fee and cost award until after the Ninth Circuit resolves Respondent's pending appeal.