Monday, May 23, 2016
De La Riva v Soto, 2016 WL 1696539 (M.D. Florida, 2016) [Mexico][Petition granted] [Patria Potesas] [Equitable Discretion under Article 18]
Wrongful retention of child in Florida at end of agreed upon visitation. Petitioner had rights of custody under the doctrine of Patria Potestas. Although the now settled child exception was available the court preferred to return the child in view of his unsettled immigration status. Additionally, the court would exercise its Aequitable discretion under Article 18 to order the childs return.