In Cefaliello v Serpico, 2016 WL
3256972 (N.D. Ohio, 2016) the district court denied the Rule 12(b)(6) motion to
dismiss. The parties had a child in Italy who was born on January 26, 2012. In
November 2013, the parties moved to
Ohio. Plaintiff did not obtain a green card and was required to leave the country in May
2014. Defendant and the minor child did not return to Italy. On February 25, 2016, the state court granted
Defendant an uncontested divorce which allowed Plaintiff visitation rights with
the minor child. On April 15, 2016, Plaintiff filed this Hague Convention
action. The district court observed that ICARA provides that federal courts adjudicating
Hague Convention petitions must accord full faith and credit only to the
judgments of those state or federal courts that actually adjudicated a Hague
Convention claim in accordance with the dictates of the Convention and ICARA:
42 U.S.C. § 11603(g); Holder v. Holder, 305 F.3d 854, 864-65 (9th Cir. 2002).
No Hague Petition was adjudicated by the state court, nor was there any
indication that the provisions of the Hague Convention were considered when
Plaintiff’s custody rights were determined. As such, the state court divorce
decree was not entitled to preclusive effect.
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