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Sunday, August 6, 2023

Recent Hague Convention District Court Cases - Soterano v. Aponte, 2023 WL 3790895, (S.D. Florida,2023)

 [Venezuela][Petition denied][Well-settled]

Soterano v. Aponte, 2023 WL 3790895, (S.D. Florida,2023).

Petitioner, Adel Jose Sabbagh Soterano, sought the return of his son A.S.O. and his daughter R.S.O. to Venezuela. The Mother argued one of the Hague Convention exceptions applies, specifically that the Father was not exercising custodial rights, that the Children would be at risk of harm if they were to return, or because the Father’s filing is untimely, the Children are well-settled and object to returning to Venezuela. The Court found that the Father had established a prima facie case for return. However, because the Father’s petition was not filed within a year of removal and the Mother had met her burden in showing that the Children were well-settled in their new environment and prefer to live with their Mother, the Court denied the Petition.

 

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