Polovchak V Meese

Alexa Englert
Advanced legal writing unit 3
Kaplan University
11/5/11

Polovchak v. Meese, 774 F.2d 731 (1985),
Facts: U.S.S.R. citizens Michael and Anna Polovchak came to the United States with their three children and settled in Chicago. The Polovchaks decided to return to the U.S.S.R. at which time their older children Nataly who was 17, and Walter who was 12, went to live at their cousin’s house not wanting to leave the Unites States with their parents. Nataly and Walters parents sought help from the Chicago police who went and removed Walter from his cousin’s house and brought him to the police station. Walter informed the police his reasons for running away were because he did not want to return with his parents to the Soviet Union. The police then contacted INS who advised them not to take Walter home but rather to wait for custody proceedings. Walter was temporarily placed in states custody and filed a petition for asylum. His asylum was granted. An appeals court reversed the state custody order releasing Walter to his parents who had already left the country. INS obtained a departure control order to prevent Walter from leaving the US. Michael and Anna Polovchak filed suit in the federal district court regarding the decision passed by the district court.
Issue: Was the entry of summary judgment on behalf of the parents proper? Was the remedy appropriate given due consideration to both the parents and the child?
Rule: That weighty parental interest does not disappear merely because parents have temporarily lost custody of their child. (Santosky v. Kramer, 455 U.S. 745(1982))
Analysis: Michael and Anna Polovchak, filed a suit for alleged deprivation of their due process rights. The departure and control order over Walter Polovchak should not be enforced due to the lack of evidence that Walter be allowed to return to the United states.
Conclusion: Though not every 12 year old has serious political views, some do. As young people grow older, an especially at 17, they become more independent of their parents and are more capable of deciding which political system they have allegiance to. The important consideration is that Walter’s parents would have only had Walter’s remaining days as a minority to try and change his views. Had Walter’s parents been permitted to take him back to the Soviet Union there was no indication Walter would have been allowed to return to the US when he became an adult on October 4th if his parent’s efforts were unsuccessful.
Holding: The court affirmed summary judgment for plaintiff parents were deprived of their due process rights, but vacated the trial court 's injunction against the "departure control order" because it failed to consider the minor child 's interests.

References
Polovchak v. Meese, 774 F.2d 731 (1985), Santosky v. Kramer, 455 U.S. 745(1982)

References: Polovchak v. Meese, 774 F.2d 731 (1985), Santosky v. Kramer, 455 U.S. 745(1982)