Egervary v. Rooney

MEMORANDUM

O’NEILL, District Judge.

I. INTRODUCTION

Defendants’ motion for summary judgment raises questions of first impression involving the Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act (“ICARA”). The Court must decide whether removing an allegedly-kidnaped child from his father’s custody and returning the child to his mother in a foreign country without notice and oppor tunity to be heard gives rise to a due process claim under Bivens v. Six Unknown Agents of the Federal Bureau of Narcotics, 408 U.S. 388, 91 S.Ct.…