[Venezuela][Petition denied][Well-Settled]
Lugo v Padilla. 2023 WL 3853546, (M.D. Florida, 2023)
Recommends, that the Petition be denied. Upon weighing the totality
of the factors—none of which
weigh in favor of a finding that the child is not
well-settled—the court founds that Respondent has carried her burden of proving
that M is well-settled by a preponderance of the evidence. M was well-settled
in this community. Over a year has passed since M was removed from Venezuela,
and M is now a well-settled child. M has spent a substantial portion of his
life in this community, setting down roots all the while. That M’s original
removal was wrongful does not justify yet another uprooting. As the United
States Supreme Court has explained, “the expiration of the 1 year opens the
door to consideration of a third party’s interests, i.e., the child’s interest
in settlement.” Lozano, 572 U.S. at 15. This is a case where M’s interest in being settled outweighed the return
remedy.
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