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Thursday, September 14, 2017

Calixto v Lesmes, 2017 WL 3877650 (M.D. Florida, 2017) [Colombia] Temporary Restraining Order]

          In Calixto v Lesmes, 2017 WL 3877650 (M.D. Florida, 2017)  the Petitioner filed a verified petition in which he alleged that the mother of his child, Hadylle Yusuf Lesmes, the Respondent, has wrongfully retained their five-year old daughter in Manatee County, Florida since November 24, 2016. He claimed he gave his permission for Respondent to travel to Florida with the child, but he only authorized Respondent to stay in Florida with the child for a one-year period. That one-year period has now expired and Petitioner demanded return of the child to Colombia. Petitioner does not know the whereabouts of the Respondent or the child, but believed that they are located in Manatee County, Florida. Petitioner has filed the Motion and Petition on an ex parte basis. The district court observed that pursuant to Rule 65 of the Federal Rules of Civil Procedure, the Court may enter a preliminary injunction or temporary restraining order. To obtain a temporary restraining order, the movant must demonstrate “(1) a substantial likelihood of success on the merits; (2) irreparable injury will be suffered if the relief is not granted; (3) that the threatened injury outweighs the harm the relief would inflict on the non-movant; and (4) that the entry of the relief would serve the public interest.” Schiavo v. Schiavo, 403 F.3d 1223, 1225-26 (11th Cir. 2005). To obtain ex parte relief, a party must strictly comply with these requirements. Levine v. Comcoa Ltd., 70 F.3d 1191, 1194 (11th Cir. 1995) (“An ex parte temporary restraining order is an extreme remedy to be used only with the utmost caution.”). Based on the record, the Court granted a Temporary Restraining Order as follows: “(1) Respondent is hereby prohibited from removing the child from the jurisdiction of this Court pending a hearing on the merits of the Verified Petition, and no person acting in concert or participating with Respondent shall take any action to remove the child from the jurisdiction of this Court pending a determination on the merits of the Verified Petition to Return the Child to Colombia.(2) Respondent shall surrender to and the United States Marshal is directed to secure any and all passports, visas, or other travel documents of the child, M.A.Y., and of the Respondent. Respondent is prohibited from directly or indirectly securing substitute travel documents, including a passport, for M.A.Y., or for Respondent pending final adjudication of the Verified Petition.

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