McCullough v. McCullough

In McCullough v. McCullough, 4 F. Supp. 2d 411, 414-15 (W.D. Pa. 1998), the petitioner filed his Hague Convention petition and a "warrant in lieu of a writ of habeas corpus" for the return of his children before serving the petition on the respondent because he considered the mother to be a flight risk. McCullough, 4 F. Supp. 2d at 413. The United States District Court for the Western District of Pennsylvania noted that Pennsylvania procedural law authorized this relief and the court issued a warrant for the children and directed the federal marshals to serve the respondent with a copy of the warrant and the petition. Id. at 414-15. The mother, who was not represented by counsel, brought the children to the court for a hearing on the petition the next day. Id. at 416. The trial court released the children into the father's custody and rescheduled the hearing for three days later so the mother could obtain counsel. Id.