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Jeana (W), a U.S. servicewoman, stationed in Germany, gave birth to Thomas. Emanuel (H) was the father. H and W separated and less than a week later, W took the boy to the U.S. in August 2, 1991. H sought the return of the boy and in German family court and got an award of custody. H then filed this action in Ohio. The case was first heard three years ago at which time this court reversed the district court's denial of H's claim. The case was remanded, and a new hearing was held. The district court then held that at the time of removal on August 1, 1991, H was exercising custody rights under German law. The court held that W had not established any affirmative defenses under the Convention and ordered the return of the child to H but stayed the order by posting of a bond pending appeal. W appealed.

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