Polovchak v. Meese

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Polovchak v. Meese
Seal of the United States Court of Appeals for the Seventh Circuit.svg
CourtUnited States Court of Appeals for the Seventh Circuit
Full case nameAnna Polovchak and Michael Polovchak v. Edwin Meese III, et al
ArguedSeptember 9, 1985
DecidedSeptember 10, 1985
Citation(s)774 F.2d 731 (7th Cir. 1985)
Court membership
Judge(s) sittingRichard Dickson Cudahy, Richard Posner, Luther Merritt Swygert
Case opinions
MajorityCudahy
Concur/dissentSwygert

Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985)[1] was a federal court case involving a 12-year-old who did not want to leave the United States and to return with his parents to Soviet Ukraine.

Walter Polovchak was living in Chicago when his parents decided to return to Ukraine, then part of the USSR. He objected, which prompted the case.

The sympathetic Reagan administration dragged on the case. He was no longer a minor when he turned 18 before a final decision was rendered. He was then allowed to remain in the United States.

A court ruled that parents who are citizens of another country cannot remove their own child from the United States to their native land over the objection of their child unless the child is first afforded a hearing, to determine whether living in another nation is in the child's interests.

The case has similarities to that of Elián González, who some claimed he did not want to return to Cuba.

References[edit]

  1. ^ Polovchak v. Meese, 774 F.2d 731 (7th Cir. 1985).

External links[edit]