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Friday, November 26th, 2010

Blame Canada

United States v. Miller, No. 08-1152-cr (2d Cir. November 23, 2010) (Straub, Parker, Livingston, CJJ)

In 1994, Michelle Miller had a son, Robbie, with her former high school boyfriend; they later married. Shortly thereafter, the marriage dissolved. A Vermont family court awarded Miller legal custody of Robbie, and gave the father visitation rights. The following year, Miller, then living in Massachusetts, obtained an ex parte temporary abuse prevention order, which also gave her, temporary full custody of Robbie pending a hearing. Eventually, the Massachusetts court gave the father limited visitation rights in the form of six supervised visits. After the first visit, however, Miller began moving Robbie around to keep him away from the father. In 2001, she took Robbie to Canada knowing that under the Massachusetts court order the father was entitled to at least five more supervised visits.

Miller obtained permanent residency in Canada and, in a Quebec …


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