UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT
September 23, 2008
IN RE: APPLICATION OF ARIEL ADAN ELENA ESTHER AVANS, APPELLANT
APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY (D.C. Civil No. 04-cv-05155) District Judge: The Honorable William H. Walls
The opinion of the court was delivered by: Maryanne Trump Barry Circuit Judge
Argued: September 22, 2008
Before: BARRY, AMBRO and GARTH, Circuit Judges
This case came on to be heard on the record from the United States District Court for the District of New Jersey and was argued on September 22, 2008. After careful consideration of the briefs, the record, and the arguments of counsel on appeal, At the conclusion of argument and from the bench on September 22, 2008, this Court ORDERED that the June 26, 2007 and July 20, 2007 Orders of the District Court be reversed, and the matter remanded to the District Court with instructions that the petition pursuant to the Hague Convention be immediately dismissed. Each party is to bear its own costs.
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