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Haidacher v. Zahar

United States District Court, Ninth Circuit

August 1, 2013

KLAUS DIETER HAIDACHER Petitioner,
v.
CHIRINE MARIE ZAHAR, Respondent.

THORN·SEYMOUR·MEHMET, Brent D. Seymour, (SBN 148737), CHIRINI MARIE ZAHAR, Respondent, KLAUS DIETER HAIDACHER, Petititoner, MICHELLE HARRIS, Attorney for Petitioner, RICHARD HELZBERG, Attorney for Petitioner. San Francisco, CA, Attorneys for Chirine Marie Zahar, Respondent.

SITTING AS A TREATY TRIBUNAL UNDER, ARTICLE III SECTION 2 OF THE UNITED STATES CONSTITUTION CONCURRENT JURISDICTION CONFERRED BY 42 U.S.C. 11601 ET SEQ.

ELIZABETH D. LaPORTE, Magistrate Judge.

STIPULATION TO AMEND STIPULATION AND ORDER OF JULY 3, 2013 RE SETTLEMENT

The Convention on the Civil Aspects of International Child Abduction, done at the Hague on 25 Oct. 1980 [The Convention]

International Child Abduction Remedies Act 42 U.S.C. 11601 et seq.

1. The parties, petitioner, Klaus Dieter Haidacher, (hereinafter "Klaus") and respondent, Chirine Marie Zahar, (hereinafter "Chirine") hereby do agree and stipulate to the following amendment to the Stipulation and Order of July 3, 2013 (hereinafter "Stipulation and Order"). This amendment is necessary to correct the Stipulation and Order to conform with the agreement of the parties as read into the record on July 1, 2013. This amendment shall become an enforceable order of both the United States District Court, Northern District of California and Beziksgericht Baden (hereinafter "Baden District Court").

Paragraph 9 of the Stipulation and Order, previously stated:

9. Spousal Support: Klaus shall pay Chirine as and for modifiable spousal support in the amount of 500 euros per month for one year through June 30th, 2014. No court shall have jurisdictions to order spousal support payments after July 1, 2014.

The parties now AGREE and STIPULATE to amend Paragraph 9 to remove the termination of jurisdiction in the second sentence. Paragraph 9 of the Stipulation and Order shall now state:

9. Spousal Support: Klaus shall pay Chirine as and for modificable spousal support in the amount of 500 curos per month for one year through June 30th, 2014.

In all other respects, the Stipulation and Order is affirmed.

2. Since the children have now returned to Austria, the parties FURTHER STIPULATE and REQUEST that pursuant to the terms of their Stipulation and Order, the case now be dismissed and all pending briefing and trial dates be vacated.


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