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.
In our International Child Abduction Blog we report Hague Convention Child Abduction Cases decided by the US Supreme Court, the Second Circuit Court of Appeals, Circuit Courts of Appeals, district courts and New York State Courts. We also provide information to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information when there is a child abduction that crosses country boarders.
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