Search This Blog

Sunday, August 6, 2023

Recent Hague Convention District Court Cases - Junior v de Sousa, 2023 WL 4228163 (N.D. Ohio 2023)

 [Brazil][Petition granted]

Junior v de Sousa 2023 WL 4228163 (N.D. Ohio 2023)

Petitioner Jose Junior sought an order compelling the return of his seven-year-old child, A.S.C., to Brazil. Petition granted. Jose Junior established a prima facie case of wrongful removal. Aline had not why a grave risk of harm would exist if A.S.C. returns. Aline also has not shown that Brazil would be incapable or unwilling to give A.S.C. adequate protection if it is later needed. Ferreira de Sousa’s grave risk defense failed. The Court similarly rejected Ferreira de Sousa’s argument that the United States human rights principles bar the return of A.S.C. This public policy defense should only be invoked only on “ ‘the rare occasion that return of a child would utterly shock the conscience of the court or offend all notions of due process.’ ” Ferreira de Sousa has not met that high standard.

No comments:

Post a Comment