Monday, May 23, 2016
Sabogal v Paula Velarde 2016 WL 9906163 (WD Md., 2016) [Peru] [Petition Conditionally Granted]
Petition for return was granted conditionally if the following pre-conditions had been satisfied: 1. The October 2014 appeals court order of temporary custody in favor of Correa has been vacated and the underlying temporary custody order in favor of Velarde has been reinstated; 2. All pending criminal complaints, investigations, or charges in Peru against Velarde, initiated by or with the assistance of Correa, have been dismissed or closed; and 3. Correa agrees in writing to the undertakings listed in the accompanying Order. Although Correa had successfully arranged for the vacating of the temporary custody order in his favor and the dismissal of one of the criminal matters against Velarde, he had not arranged for the final dismissal of the Disobeying and Resisting Authority charge. Because Correa had not satisfied the conditions for entry of a final order to return the Children to Peru, his motion that he satisfied the conditions was denied.