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IN RE APPLICATION OF HIRTS v. HIRTS

United States District Court, E.D. Pennsylvania


July 13, 2004.

IN RE THE APPLICATION OF HENRI-PIERRE ROBERT HIRTS, Petitioner for Miranda Christine Hirts and Liam Alexander Hirts, Petitioner,
v.
MAUREEN HIRTS and DIANNE MCCANN, Respondents.

The opinion of the court was delivered by: JAMES KNOLL GARDNER, District Judge

ORDER

NOW, this 13th day of July 2004, upon consideration of the Application for Pending Petition for Attorney Fees and Costs, which application was filed by petitioner on July 31, 2003; the Answer to Application for Pending Petition for Attorney Fees and Costs, which answer was filed by respondents on August 15, 2003; Respondent's Memorandum in Opposition to Award of Attorneys Fees and Costs, which memorandum was filed on November 18, 2003; and the Amended Application for Pending Petition for Attorney Fees and Costs, which amended application was filed by petitioner on March 30, 2004; and after hearing and argument held on March 30, April 2 and 28, 2004 and oral argument held on May 20, 2004; it appearing by Order dated July 16, 2003 that the undersigned ordered the return of Miranda Christine Hirts and Liam Alexander Hirts to Germany upon petition of petitioner Henri-Pierre Robert Hirts; it further appearing that petitioner now seeks an award of $37,744.24 in expenses, attorneys' fees and costs in this action; it further appearing that $31,958.45 of petitioner's expenses, attorneys' fees and costs is related to the return of the children; it further appearing that respondents both suffer from straightened financial circumstances; it further appearing that any award of expenses, attorneys' fees and costs against respondent Maureen Hirts is clearly inappropriate; it further appearing that an award of the full amount of expenses, attorneys' fees and costs against respondent Dianne McCann is clearly inappropriate,

IT IS ORDERED that petitioner's application is granted in part and denied in part.*fn1 IT IS FURTHER ORDERED that respondent Dianne McCann is ordered to pay to petitioner $20,000.00 in necessary expenses related to the return of the children, pursuant to 42 U.S.C. ยง 11607(b)(3).

  IT IS FURTHER ORDERED that in all other respects petitioner's application is denied.


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