[Mexico] [Petition granted]
In Gabriel v Lavison, 2022 WL 952195 ( W.D.
Washington, 2022) the
Court granted the Petition and ordered the return of J.E.L.R. to Mexico.
Respondent conceded that Ms. Rivera had established a prima facie case
for the return of J.E.L.R. to his habitual residence in Mexico. At the outset
of the hearing, Mr. Lavison clarified that he no longer intended to assert
consent and acquiescence as a defense and that he would only be proceeding with
the defense of grave risk. The Court then asked Mr. Lavison if he understood
that he would bear the burden of proving the grave risk defense by clear and
convincing evidence. Upon acknowledging that he understood the required burden
of proof, Mr. Lavison admitted that he was not prepared to present sufficient
evidence to establish the defense and affirmatively abandoned all of his
available defenses under the Hague Convention. The Court confirmed that Mr.
Lavison understood that because of his concessions, the Court would be required
to order the return of J.E.L.R. to Mexico.
No comments:
Post a Comment