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Monday, May 23, 2016

Application of Martinez v Fuentes, 2016 WL 1734107 (WD Oklahoma) [Mexico] [Equitable jurisdiction]

The district court found that the Petitioner established his prima facie case, and that there  was an insufficient factual basis to conclude by clear and convincing evidence that there was a grave risk of harm to the Children if they were returned to Mexico,. The Court declined to exercise its limited discretion under the Hague Convention and ICARA to refuse to return the Children to their country of habitual residence. 

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