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Monday, May 23, 2016

Ochoa v Suarez 2016 WL 9647646 (WD Mich, 2016) [Mexico] [Guardian ad litem]

Report and recommendation of US Magistrate Judge that certain facts and law be considered established and that the court order the  guardian ad litem to report on the issues, including allegations of grave risk, age and degree of maturity, credibility, and potential undue influence. There is precedent for such appointment in Hague Convention cases. See, e.g., Lieberman v. Tabachnik, 625 F.Supp.2d 1109, 1114B15 (D.Colo.2008); Garcia v. Pinelo, 2015 WL 4910654, at *2B3 (N.D. Ill. Aug 16, 2015); Yaman v. Yaman, 730 F.3d 1, 6 (1st Cir.2013) (noting that the district court appointed a guardian ad litem to issue a report on the children's behalf); Bowen v. Bowen, 2014 WL 2154905, at *3 (W.D.Pa. May 22, 2014)].

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