A federal appeals court has overturned a lower court ruling that ordered a Columbia Township woman to return two of her children to her husband in Mexico.

The U.S. 6th Circuit Court of Appeals had already delayed enforcement of the order by U.S. District Judge Christopher Boyko that required Claire Simcox to return two of the four children she secretly spirited out of Mexico in January 2006. The other two children were ordered to remain with their mother.

In the 6th Circuit decision, the appeals court ruled that while Boyko had tried to balance the needs of the children with international law dealing with custody disputes, his order didn’t put enough safeguards in place to protect the children.

Both Boyko and the appeals court concluded that Joe Simcox, the children’s father, has a violent temper and a history of abusing his wife and children.
Joe Simcox contends he was drugged the night his wife left with the children — kidnapped is the word he uses — and fled across the U.S.-Mexico border and on to Ohio.

He also has said that there is an active arrest warrant for his wife in Mexico. Claire Simcox, meanwhile, has obtained a domestic violence restraining order against her estranged husband.

Alan Hirth, the attorney representing Claire Simcox, said Tuesday that he believes Boyko will now be able to take better precautions to protect the children from Joe Simcox.

“I’m pleased with what happened because I think it’s good for the kids,” he said.

Joe Simcox, who still lives in Mexico with a fifth child, could not be reached for comment. He fired his attorney earlier this year.

Hirth said the four children remain with their mother and have had some contact with their older sister, who was in France when Claire Simcox fled Mexico. She was later picked up by her father and returned to Mexico with him.

Hirth said Joe Simcox rejected an offer to let the girl visit her siblings in Lorain County.

The case now goes back to Boyko, who plans to review a series of court filings in the case before making a decision. He does not plan to hold any additional hearings, Hirth said.

Contact Brad Dicken at 329-7147 or bdicken@chroniclet.com.

---

Print this story
Report an inappropriate comment

---

In order to comment, you must agree to our user agreement and discussion guidelines.

Need help? Email Us.

---