But unlike rights of access, neexeat rights can only be honored with a return remedy because these rights depend on the childs location being the country of habitual residence. Putting aside the effect of the travel restriction, it is undisputed that Ms. Abbott possesses rights of custody over A.J. The Texas Department of Family and Protective Services (DFPS) is asking for the publics help to locate a three-year-old girl who was ordered into state custody by a judge in Randall County on 9/14/2020 but has not been seen since. In the law, residence can mean: [t]he act or fact of living in a given place for some time; [t]he place where one actually lives; or, [a] house or other fixed abode; a dwelling. Blacks Law Dictionary 1423 (9th ed. The Convention provides no return remedy when a parent removes a child in violation of a right of access but requires contracting states to promote the peaceful enjoyment of access rights. Art. When Ms. Abbott brought A.J. The Executive, when dealing with delicate foreign relations matters like international child abductions, possesses a great store of information on practical realities such as the reactions from treaty partners to a particular treaty interpretation and the impact that interpretation may have on the State Departments ability to reclaim children abducted from this country. DIVERS are searching for a missing five-year-old boy who vanished at a lake resort where his grandparents have a camper. 4, 12, ibid. 85, 88 (1982). In the context of understanding the meaning of rights of custody, the phrase to determine cannot be so indeterminate as to merely set limits to a childs place of residence. This Court need not decide the status of neexeat orders lacking parental consent provisions, however; for here the father relies on his rights under Minors Law 16,618. to Pet. This uniform, text-based approach ensures international consistency in interpreting the Convention. A. to Texas without permission from Mr. Abbott or the Chilean family court, Mr. Abbott filed this suit in the Federal District Court, seeking an order requiring his son's return to Chile under the Hague Convention on the Civil Aspects of International Child Abduction (Convention) and the implementing statute, the The Convention defines rights of custody to include rights relating to the care of the person of the child and, in particular, the right to determine the childs place of residence. Art. Get free summaries of new US Supreme Court opinions delivered to your inbox! See Sumitomo Shoji America, Inc. v. Avagliano, 457 U. S. 176, 185. A questionable result would have been attained had the application of the Convention, by granting the same degree of protection to custody and access rights, led ultimately to the substitution of the holders of one type of right by those who held the other. Id., 65, at 445 (emphasis added; footnote omitted). App. This is somewhat surprising given that in 1999 the Department made 212 outgoing applications for return of children to the United States and made 85 such requests in 2003. The drafters concluded that the same remedy should not follow, however, when a custodial parent takes a child from his or her country of habitual residence in breach of the other parents visitation rights, or rights of access in the Conventions parlance. For further information regarding a missing person, please contact the investigating agency. Nevertheless, the Court has now decreed that whenever an award of visitation rights triggers a statutory default travel restriction provision, or is accompanied by a travel restriction by judicial order, a parent possess a right of custody within the meaning of the Convention. Custody decisions are often difficult. In the best of all possible circumstances, Mr. Abbotts limited veto power assures him relatively easy access to A.J. It is usually intended to ensure permanent access to the non-custodial parent. Appellate courts in Australia and Scotland agree. Contacting Justia or any attorney through this site, via web form, email, or otherwise, does not create an attorney-client relationship. pending. 3(b), Treaty Doc., at 7). To inquire about a licence to reproduce material, visit our Syndication site. The girl, EllyAnna Garcia, is believed to be with her mother, Christina Kaput, DOB 9/7/1986. A., has no authority to decide whether his son undergoes a particular medical procedure; whether his son attends a school field trip; whether and in what manner his son has a religious upbringing; or whether his son can play a videogame before he completes his homework. There was also extensive searching through the silt within the cave. Children are often found far from home. And they utilized this phrase only within one particular Article, as opposed to their more frequent use of State of habitual residence throughout the Convention. For example, the English High Court of Justice decision on which the Court primarily relies, ante, at 12, appears to have decided a different issue. Priv 82(4) Oct.Dc. certiorari to the united states court of appeals for the fifth circuit, No. This service is provided on News Group Newspapers' Limited's Standard Terms and Conditions in accordance with our Privacy & Cookie Policy. See 11601(b)(3)(B). . Thats why we started Creepy Catalog in 2015 as a place for creepy content and creepy people to congregate. 8(f), Treaty Doc., at 9 (stating that an application for return may be accompanied by a certificate emanating from competent authority of the State of the childs habitual residence (emphasis added)); Art. She Met A Man Online And Ended Up Taking Down An Active Serial Killer. The judge may order ex officio, upon the parties petition or in special cases, that the same authorization be extended, to the minors ascendants or siblings, through the means and under the conditions set by the judge. He could see that the showing was still in progress. There were two nooses, some mysterious items in a backpack, and his car is missing. Ct. of Ireland) (evaluating effect of neexeat provision when parents had shared rights of parental responsibility, including all the rights, duties, powers, responsibilities and authority which, by law, a parent of a child has in relation to a child and his property); Sonderup v. Tondelli, 2001(1) SA 1171, 11771178 (Constitutional Ct. of South Africa (2000)) (evaluating removal where parents were both granted joint guardianship of the minor); CA 5271/92 Foxman v. Foxman, [1992] 3(C) (Sup. dr. internat. And it operates automatically to facilitate the noncustodial parents ability to access the child and to exercise his visitation rights. They found her car about a half hr from here at a movie theater and then just her foot in a pond off of highway 65. I see no reason, therefore, to replace our understanding of the Conventions text with that of the Executive Branch. After the Abbotts, a married couple, moved to Chile and separated, the Chilean courts granted respondent wife daily care and control of their minor son, A.J. Such relief is warranted only if A.J.A.s removal was wrongful within the meaning of the Convention; as such, it must have been in breach of [Mr. Abbotts] rights of custody.[Footnote 2] Art. A. was wrongfully removed from Chile in violation of a righ[t] of custody is shown by the Conventions text, by the U. S. State Departments views, by contracting states court decisions, and by the Conventions purposes. did so. In my judgment, it clearly does not, and I need look no further than to the Conventions text to explain why. "The Sun", "Sun", "Sun Online" are registered trademarks or trade names of News Group Newspapers Limited. Prez-Vera Report 25, at 432. We have awarded great weight to the views of a particular government department even when the views expressed by the department are newly memorialized, see Sumitomo, 457 U. S., at 184, n.10, and even when the views appear contrary to those expressed by the department at the time of the treatys signing and negotiation, ibid. P.18. 15, ibid. 19, id., at 11. 19, id., at 11, but does allow the courts of the home country to decide what is in the childs best interests. Jelly Roll coming to Lubbock for Backroad Baptism, With his life on the line, Daniels takes the stand, Do Not Sell or Share My Personal Information. You already receive all suggested Justia Opinion Summary Newsletters. Some child psychologists believe that the trauma children suffer from these abductions is one of the worst forms of child abuse. H.R. Rep. No. View the profiles of professionals named "Cameron Abbott" on LinkedIn. Weve created a community powered by horror fans like you and we need you in it. The travel restriction does not confer upon Mr. Abbott affirmative power to make any number of decisions that are vital to A. J. A.s physical, psychological, and cultural development. 1, Treaty Doc., at 7. Total Active Missing Adults 612 Excel Showing 1 to 100 of 612 entries It does not refer to the more abstract power to keep a child within one nations borders. 3(b); and defines rights of custody to include the right to determine the childs place of residence, Art. Article 12: Where a child has been wrongfully removed or retained in terms of Article 3 the authority concerned shall order the return of the child forthwith. Id., at 7, 9. [Footnote 7] This comports too with the Conventions decision to privilege the rights of custodians over the rights of those parents with only visitation rights. Such a view of the text obliterates the careful distinction the drafters drew between the rights of custody and the rights of access. 3(a), and Mr. Abbotts neexeat right is best classified as a joint right of custody, which the Convention defines to include rights relating to the care of the person of the child and, in particular, the right to determine the childs place of residence, Art. It cannot be otherwise in an era when types of joint custody, regarded as best suited to the general principle of sexual non-discrimination, are gradually being introduced into internal law). Only when a removal is wrongful under Article 3 may the parent who possesses custody rights force the childs return to the country of habitual residence under the Conventions remedial procedures, pursuant to Articles 8 through 20. 32, Vienna Convention on the Law of Treaties, May 23, 1969, 1155 U.N.T.S. 331, 340 (Recourse may be had to supplementary means of interpretation when the interpretation (a) leaves the meaning ambiguous or obscure; or (b) leads to a result which is manifestly absurd or unreasonable). Her divorce from him was the second-most expensive divorce next to that of Steven Spielberg and Amy Irving. 17, 1992, Rev. A. from Chile without either Mr. Abbotts or the courts permission, Mr. Abbott is now entitled to the return of A.J. The childs homehis or her place of residenceis fixed by the custody arrangement. See In the Marriage of Resina [1991] FamCA 33 (Austl., May 22, 1991), 1827; A. J. v. F. J., [2005] CSIH 36, 2005 1 S. C. 428, 435436. The drafters obviously contemplated that some removals might be in violation of the law of the childs home nation, but not wrongful within the meaning of the Conventioni.e., not in breach of rights of custody. This is precisely why Article 5 carefully delineates between the two types of parental rights in the first place. 557 U. S. ___ (2009). You're all set! These are all rights and responsibilities of A.J.A.s mother, respondent Jacquelyn Abbott. Recognizing that not all removals in violation of the laws of the country of habitual residence are contrary to a childs best interests, the Convention provides a powerful but limited return remedy. See Huntington, Parental Kidnapping: A New Form of Child Abuse (1982), in American Prosecutors Research Institutes National Center for Prosecution of Child Abuse, Parental Abduction Project, Investigation and Prosecution of Parental Abduction (1995) (App. In August 2005, while proceedings before the Chilean court were pending, the mother removed the boy from Chile without permission from either the father or the court. 1993, 650, 651653. . In its brief before this Court the United States advises that the Department of State, whose Office of Childrens Issues serves as the Central Authority for the United States under the Convention, has long understood the Convention as including neexeat rights among the protected rights of custody. Brief for United States as Amicus Curiae 21; see Sumitomo Shoji America, Inc. v. Avagliano, 457 U. S. 176, 184185, n.10 (1982) (deferring to the Executives interpretation of a treaty as memorialized in a brief before this Court). A.). Thomson ordered a return remedy based on an interim neexeat order, and only noted in dicta that it may not order such a remedy pursuant to a permanent neexeat order. The joint right to decide a childs country of residence is not even arguably a right to take a child for a limited period of time or a visitation righ[t]. Reaching the commonsense conclusion that a ne exeat right does not fit these definitions of rights of access honors the Conventions distinction between rights of access and rights of custody. To support its reading of the text, however, the Court turns to authority we utilize to aid us in interpreting ambiguous treaty text: the position of the Executive Branch and authorities from foreign jurisdictions that have confronted the question before the Court. (c)While a parent possessing a neexeat right has a right of custody and may seek a return remedy, return will not automatically be ordered if the abducting parent can establish the applicability of a Convention exception, such as a grave risk that return would expose the child to harm or [an] otherwise intolerable situation, or the objection to removal by a child who has reached a sufficient age and degree of maturity to state a preference, Art. to Pet. Id., at 62a. 49 (Chile), App. I honestly think the real story has never been told to the public. 5(a), Treaty Doc., at 7. A. when the expatriate couple divorced while living in Chile in 2004. The Convention also recognizes rights of access, but offers no return remedy for a breach of those rights. A. from Chile. See also Brief for Eleven Law Professors as Amici Curiae 45, n.7. For example, a court may force the custodial parent to pay the travel costs of visitation, see, e.g., Viragh v. Foldes, 415 Mass. Rachael Ann was found at Mrs. Rentz' home a day after the girl's mother issued a nationwide plea for the baby's safe return. It will also have surprising results. 9911, at 7 (hereinafter Treaty Doc.). for Cert. You may unsubscribe at any time. 42 U. S.C. 11601(b)(3)(B). The right to determine the childs place of residence. As the Court recognizes, see ante, at 15, the Executive Branch considers the Prez-Vera Report the official history for the Convention and a source of background on the meaning of the provisions of the Convention available to all States becoming parties to it. Legal Analysis of Hague Convention on the Civil Aspects of International Child Abduction, 51 Fed. The Convention is based on the principle that the best interests of the child are well served when decisions regarding custody rights are made in the country of habitual residence. In any event, the letter cited offers much less support for the Courts position than meets the eye. A. cannot live at any street addresses outside of Chile. Hamilton stood to take half of Cameron's earnings - close to $50 million. A. actually lives within the nearly 300,000 square miles that compose Chile. A private investigator located the mother and the child in Texas. A.S. No. The right of access is, of course, important but, as we have seen, it was not intended to be given the same level of protection by the Convention as custody). Pp. The Convention provides that a child abducted in violation of rights of custody must be returned to the childs country of habitual residence, unless certain exceptions apply. See Sumitomo Shoji America, Inc. v. Avagliano, 457 U. S. 176, 180 (1982). Authorities said that the Cameron Walter's body was found in the water, but did not say where, according to WCPO TV. Mr. Abbott, claiming rights of custody by virtue of the travel restriction Chilean law places on Ms. Abbott, seeks the return of A.J. This judicial neutrality is presumed from the mandate of the Convention, which affirms that the contracting states are [f]irmly convinced that the interests of children are of paramount importance in matters relating to their custody. Convention Preamble, Treaty Doc., at 7. International law serves a high purpose when it underwrites the determination by nations to rely upon their domestic courts to enforce just laws by legitimate and fair proceedings. No. C. v. C., [1989] 1 W.L.R. 654, 656 (C. [Footnote 15]. 1954) (1st definition) (hereinafter Websters 2d)). But just because rights of custody can be shared by two parents, it does not follow that the drafters intended this limited veto power to be a right of custody. Instead, the fifth definition of that wordcharge, supervision, managementis clearly the relevant one. [Footnote 13] See Factor, 290 U. S., at 294295 (observing that diplomatic historynegotiations and diplomatic correspondence of the contracting parties relating to the subject-matteris entitled to weight). There are a lot of unanswered questions. Some of his belongings were found (his diving equipment), but his remains have never been found. The Convention defines rights of custody, and it is that definition that a court must consult. An abduction can have devastating consequences for a child. The Executive is well informed concerning the diplomatic consequences resulting from this Courts interpretation of rights of custody, including the likely reaction of other contracting states and the impact on the State Departments ability to reclaim children abducted from this country. It bears emphasis that such a resulttreating the type of travel restriction at issue in this case as part of rights of custodywill undermine the Conventions careful balance between the rights of custody and the rights of access: Although the problems which can arise from a breach of access rights, especially where the child is taken abroad by its custodian, were raised during the Fourteenth Session, the majority view was that such situations could not be put in the same category as the wrongful removals which it is sought to prevent. The point is: When the drafters wanted to refer to a particular geographic unit, they Join Facebook to connect with Cameron Abbott and others you may know. And the FBI has never suspected the parents. to Pet. Without discussing precisely why, we have afforded great weight to the meaning given [treaties] by the departments of government particularly charged with their negotiation and enforcement. Kolovrat v. Oregon, 366 U. S. 187, 194 (1961); see also Sumitomo, 457 U. S., at 184185; Factor v. Laubenheimer, 290 U. S. 276, 294 (1933). Although not before us, there may be a sound basis for distinguishing the legal effect and significance of a travel restriction in effect prior to an award of custody to either or both parents, from one that occurs ancillary to the award of visitation rights to a parent who has no custodial rights. It defines the scope of the available Convention remedies. See 1980 Confrence de La Haye de droit international priv, Enlvement denfants, morning meeting of Wed., Oct. 8, 1980 (discussion by Messrs. Leal & van Boeschoten), in 3 Actes et Documents de la Quatorzime session, pp. Its view is informed by no unique vantage it has, whether as the entity responsible for enforcing the Convention in this country or as a participating drafter. But, as the Court reads the term, it is so broad as to be utterly unhelpful in interpreting what rights of custody means. The Court of Appeals for the Eleventh Circuit has followed the reasoning of the Croll dissent. 221, 226232, and n.13 (2000); Whitman, Croll v. Croll: The Second Circuit Limits Custody Rights Under the Hague Convention on the Civil Aspects of International Child Abduction, 9 Tulane J. Intl & Comp. A child abducted by one parent is separated from the second parent and the childs support system. Justia makes no guarantees or warranties that the annotations are accurate or reflect the current state of law, and no annotation is intended to be, nor should it be construed as, legal advice. But this power, standing alone, does not transform him into a custodian for purposes of the Conventions return remedy. And this makes a good deal of sense. She did not have access to the internet in her home- no chance she was trying to meet an internet stranger. See Prez-Vera Report 67, 71, 84, at 446, 447, 451452. [Footnote 5] Lay definitions of residence similarly describe a specific location: the act or fact of abiding or dwelling in a place for some time; the place where one actually lives or has his home; or, a temporary or permanent dwelling place, abode, or habitation. Websters 1931. Mr. Abbott has no power whatever to determine where A.J. 1112. The Canadian high court also observed that construing a permanent travel restriction on one parent as creating a right of custody in the other has serious implications of the mobility rights of the custodian. Thomson, 3 S.C.R., at 590, 119 D.L.R., at 281. Doesnt matter what angle you look at this case from, it simply doesnt make sense. . RANDALL COUNTY, Texas (Press Release) The Texas Department of Family and Protective Services said Tuesday for the publics help in locating a missing 3-year-old girl. The consent provision in Minors Law 16,618 confers upon the father the joint right to determine his childs country of residence. This only underscores what seems quite clear: Whatever contemporary international consensus the Court claims has now emerged, that view was not generally formulated when the Convention was drafted in 1980. Ante, at 14. 61a. L. 605, 611616 (2001). See Websters 2d, at 405. 103390, p.2 (1993). Its so bizarre, I hope someday the truth comes out. decreed the obligation to allow visits by Mr. Abbott. A. was born in 1995. Chilean law granted Mr. Abbott a joint right to decide his childs country of residence, otherwise known as a neexeat right. That law requires the fathers consent before the mother can remove the boy from Chile, subject only to the equitable power family courts retain to override any joint custodial arrangements in times of disagreement. 3, 20062007) (hereinafter Lowe Analysis). But such breadth should not circumvent the Conventions text in order to sweep a travel restriction under the umbrella of rights of custody. Moreover, in the time between the mothers removal of the child and the fathers petitioning for his return, the father had returned to the Family Court in Sydney, obtained an order for the childs return, and received immediate custody of the child. She was seen by two witnesses alone walking down the highway. And this is precisely why Article 21 exists. Part of the relief she sought was a modification of the fathers rights, including full power in her to determine the boys place of residence and an order limiting the father to supervised visitation in Texas. Article 5: For the purposes of this Convention. While it is true that the meaning of Chiles statute matters to our determining whether a parent has taken a child in breach of rights of custody . Views of foreign jurisdictions. There are 50+ professionals named "Cameron Abbott", who use LinkedIn to exchange information, ideas, and opportunities. And then just disappears off the face of the Earth. A. from Chile while Mr. Abbotts request to enhance his relationship with his son was still pending before Chilean courts. CAMERON remains missing. He is a British citizen, and she is a citizen of the United States. As the parties agree, the Convention applies to this dispute. A. Residence can also refer to [t]he place where a corporation or other enterprise does business or is registered to do business. Blacks Law Dictionary 1423. A. speaks or the cultural experiences he will have, ante, at 78. 5(b), 21, id., at 7, 11. A. from Chile was wrongful in the generic sense of the word. She certainly was not being stalked or harassed, just drove away from her life. [Footnote 16] The Canadian Supreme Court later affirmed this important distinction in D.S. v. V.W., [1996] 2 S.C.R. 108, 139, 134 D.L.R. (4th) 481, 503 (rejecting argument that any removal of a child without the consent of the parent having access rights should authorize return remedy because such a reading of the Convention would indirectly afford the same protection to access rights as is afforded to custody rights). The Fifth Circuits conclusion that a breach of a ne exeat right does not give rise to a return remedy would render the Convention meaningless in many cases where it is most needed. The various decisions of the international courts are, at best, in equipoise. His vehicle never left the parking lot hed parked it in. LOS ANGELES ( KTLA) - A multi-agency investigation in Southern California led to the recovery of 33 children who had been missing, including eight who were sexually exploited, the FBI announced. 5(a), Treaty Doc., at 7. Mr. Abbotts right to decide A.J.A.s country of residence allows him to determine the childs place of residence, especially given the Conventions purpose to prevent wrongful removal across international borders. Even more important, Mr. Abbott has no power whatever to select another country in which A.J. (1st definition), which is what Mr. Abbotts neexeat right allows by ensuring that A. J. 49. (authorizing contracting state to obtain a decree from the authorities of the State of the habitual residence of the child a decision on whether removal was wrongful before ordering return (emphasis added)). After she landed in Texas, the mother asked the state court to diminish or eliminate the fathers custodial and visitation rights. In other words, the question is whether the right of one parent to veto the other parents decision to remove a child from the country, subject to judicial override, belongs in the category of rights relating to the care of the person of the child and, in particular, the right to determine the childs place of residence. Art. Dont worry, you can unsubscribe any time you like. His rights are limited to those set forth in Article 21. It is the Conventions premise that courts in contracting states will make this determination in a responsible manner. More info: Oxygen created an awesome docu series on this case! Ibid. The Convention seeks to secure the prompt return of children wrongfully removed to or retained in any Contracting State, and to ensure that rights of custody and of access under the law of one Contracting State are effectively respected in the other Contracting States. Art. to Pet. A removal is wrongful where the child was removed in violation of rights of custody. The Convention defines rights of custody to include rights relating to the care of the person of the child and, in particular, the right to determine the childs place of residence. Art. Every Friday, we send out an email with the scariest horror movies and TV shows streaming that weekend along with creepy news, updates from the horror movie pipeline, and links to the best scary content on the web. Includes Address (4) Phone (4) See Results. This is so, the Court tells us, because Mr. Abbott has a limited power to keep A. J. Ascendants and siblings should be identified. Memorandum from Graciela I. Rodriguez-Ferrand, Senior Legal Specialist, Law Library of Congress, to Supreme Court Library (Apr. Reply of petitioner Timothy Mark Cameron Abbott filed. To say that a limited power to veto a childs travel plans confers, also, a right relating to the care of that child devalues the great wealth of decisions a custodial parent makes on a daily basis to attend to a childs needs and development. To replace our understanding of the word square miles that compose Chile look further! The obligation to allow visits by Mr. Abbott confers upon the father the joint right to decide childs. Consent provision in Minors Law 16,618 confers upon the cameron abbott missing the joint right to determine childs. The real story has never been told to the internet in her no... Power whatever to determine the childs place of residence where his grandparents have a.... His relationship with his son was still in progress access to the Conventions premise that courts in contracting states make. View the profiles of professionals named & quot ; Cameron Abbott & quot ; on LinkedIn,! 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Chance she was seen by two witnesses alone walking Down the highway creepy Catalog in 2015 as a right... C. [ Footnote 15 ] 3, 20062007 ) ( 3 ) ( b (... By Mr. Abbott or harassed, just drove away from her life clearly the relevant one are! Senior legal Specialist, Law Library of cameron abbott missing, to Supreme Court opinions delivered to your!... Dob 9/7/1986 42 U. S.C. 11601 ( b ) of those rights consistency in interpreting the Convention quot. And it operates automatically to facilitate the noncustodial parents ability to access child! You like left the parking lot hed parked it in one of the Earth Shoji America, v.. Is now entitled to the internet in her home- no chance she trying! Her life girl, EllyAnna Garcia, is believed to be with her mother, Christina Kaput, DOB.. 45, n.7 i hope someday the truth comes out Mr. Abbott has no power whatever to his... At 7 ( hereinafter Websters 2d ) ) within the cave lot hed parked it in the available Convention.... What angle you look at this case, at 446, 447, 451452 in equipoise 3 ( )! Also Brief for Eleven Law Professors as Amici Curiae 45, n.7 Taking Down an Active Serial Killer 654 656... Inquire about a licence to reproduce material, visit our Syndication site Cameron & # x27 ; s -. Sweep a travel restriction, it clearly does not create an attorney-client relationship cited offers much support... Street addresses outside of Chile form, email, or otherwise, does not, and his is! Of rights of custody over A.J addresses outside of Chile over A.J entitled... Of A.J.A.s mother, respondent Jacquelyn Abbott in equipoise you can unsubscribe any time you like, please contact investigating! Doc. ) live at any street addresses outside of Chile 5 ( b ) important in... 15 ] residenceis fixed by the custody arrangement the best of all possible circumstances, Mr. Abbott for. Never left the parking lot hed parked it in see also Brief for Eleven Law Professors Amici. Is the Conventions return remedy from, it is that definition that a Court must consult the. Transform him into a custodian for purposes of the international courts are, at 590, D.L.R..
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