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7th Circuit Grants Father's Request for Interim Visitation Rights During Hague Convention Appeal

The U.S. Court of Appeals for the Seventh Circuit reversed a lower court's denial and granted Norwegian father Yves Aubert's emergency request to reinstate regular visitation with his two daughters while his Hague Convention child abduction case remains on appeal. The court ruled on February 3, 2026, in a dispute involving international custody rights.

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2 min readcourtlistener
Seal of the Seventh Circuit Court of Appeals

Case Information

Case No.:
25-2976

Key Takeaways

  • Norwegian father granted interim visitation rights with daughters during Hague Convention appeal
  • Seventh Circuit reversed district court's denial of visitation request
  • Two separate appeals pending - one on merits of return petition, another on visitation rights
  • District court initially thought it lacked jurisdiction but appeals court clarified procedural rules under Federal Rule 62(d)
  • Mother allegedly stopped allowing visitation after lower court denied return petition
  • Main appeal on whether children should return to Norway still pending decision

The U.S. Court of Appeals for the Seventh Circuit reversed a lower court's denial and granted Norwegian father Yves Aubert's request for interim visitation rights with his two daughters while his international child abduction case remains pending on appeal. The court issued its decision February 3, 2026, in *Yves Aubert v. Laurie Lee Poast* (7th Cir. 2026).

Aubert shares two daughters with Laurie Lee Poast and has been seeking their return to Norway under the 1980 Hague Convention on the Civil Aspects of International Child Abduction. The case involves two separate appeals currently before the Seventh Circuit - one challenging the merits of the district court's denial of his petition for return, and another seeking interim visitation rights while the main appeal is decided.

The dispute centers on Appeal No. 25-2976, where Aubert challenged the district court's denial of his request to reinstate regular visitation with his daughters during the pendency of his appeal. According to court documents, Poast stopped allowing visitation between Aubert and the children after the district court initially denied his petition for their return to Norway.

The district court had denied Aubert's motion for interim visitation, apparently believing it lacked jurisdiction to grant such relief during the appeal. However, the Seventh Circuit clarified that under Federal Rule of Civil Procedure 62(d), courts retain authority to grant interim relief pending appeal, even in cases involving the Hague Convention.

Writing for the three-judge panel, BRENNAN, Chief Judge, explained the procedural framework that allows district courts to maintain jurisdiction over certain matters while appeals are pending. The court emphasized that denying all contact between a parent and children during what could be a lengthy appellate process would be inappropriate without compelling circumstances.

The ruling means Aubert will be able to resume regular visitation with his daughters while the main appeal regarding their potential return to Norway continues. The Seventh Circuit's decision provides important procedural guidance for similar international custody disputes and clarifies the scope of district court authority during Hague Convention appeals.

The primary appeal challenging the district court's denial of Aubert's petition to return the children to Norway remains pending before the Seventh Circuit, with a decision expected in the coming months.

Topics

Hague Conventioninternational child abductionchild custodyvisitation rightsappellate jurisdictioninterim relief

Original Source: courtlistener

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