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.
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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