Jan Rath v. Veronika Marcoski

GRAHAM, District Judge:

This appeal concerns the standard for awarding attorney's fees and costs to a successful petitioner in an action for the return of a child under the Hague Convention. The International Child Abduction Remedies Act ("ICARA"), which implements the Hague Convention, directs that a district court "shall order the respondent to pay necessary expenses ... unless the respondent establishes that such order would be clearly inappropriate." 22 U.S.C. § 9007 (b)(3). The district court held that respondent failed to meet her burden under ICARA and awarded fees and costs to…