In Rose v
Blake, 2017 WL 3601292 (S.D. Florida, 2017) a petition was filed by Damion Samuel Rose, a legal resident of
Belgium, to secure the return of his six-year-old son, D.A.R., who was, removed
from Belgium and brought Florida by the Child’s Mother, Lee Ann Nicole Blake (“Ms.
Blake”). The district court found that the Petitioner was domiciled in Belgium.
The parties met in Jamaica and had a relationship of which a child, D.A.R., was
born in New York on January 17, 2011. The parties separated in 2013 and Ms. Blake
subsequently settled in the United States for a few months with the child. Afterwards, Ms. Blake returned to Jamaica,
where the applicant asked her to organize the living arrangements of the child
in order to enable him to spend some time with his son despite their
separation, which Ms. Blake refused. In
2014, Mr. Rose moved to Belgium and the parties reached a verbal agreement, so
as to enable D.A.R. to spend holidays with his father. On the agreed date however, Ms. Blake opposed
the child’s stay in Belgium and threatened to deprive Mr. Rose of any contact
with the child if she was not authorized to stay with him in Belgium. In 2014,
Ms. Blake and D.A.R. settled in Belgium and the parties decided to give
themselves a chance to live together again. On February 10, 2015, they
concluded a declaration of legal cohabitation, to which they have not put an
end. A few months later, the couple separated again. A verbal agreement was reached
according to which the child would have his residence with his mother two weeks
per month, including the weekends, and with his father one week per month and
two weekends. Since Ms. Blake could
scarcely comply with this agreement, Mr. Rose submitted a request to the Family
Court aiming at obtaining a decision on parental responsibility. Ms. Blake
informed the Plaintiff on several occasions that she intended to return to
Jamaica with the child. The Plaintiff opposed such intention. Both parties and
their lawyers agreed to meet on April 24, 2017 prior to the hearing scheduled
on May 3, 2017 before the Brussels Family Court. On April 24, 2017 Ms. Blake’s
lawyer informed the Mr. Rose’s attorney that Ms. Blake could not be present
because she was in the United States with the child, but would be returning. Ms.
Blake and the Child did not return on the expected date and the plaintiff did
not receive any news of his son since July 22, 2017. Ms. Blake and D.A.R.
reside at her cousin’s domicile in Davie, Florida. Subsequent to the removal of
the Child by the mother, the Belgium Court issued an Order placing sole custody
in the father, Damion Samuel Rose.
The district
court held a hearing and credited the Plaintiff’s testimony. It rejected the
Defendant’s testimony and rejected the assertions of the Defendant set forth in
her Response to the Verified Complaint and Petition. Because the Court found
that Belgium was the habitual residence of the Child, that the Plaintiff never
acquiesced in the removal of the Child, that there was no danger to the Child
if he is returned to Belgium, and that the Respondent has failed to show cause
why the child should not be returned to Belgium, it granted the Petition and directed
that the Child be returned to Belgium in the custody of the father.
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