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Saturday, March 26, 2022

Recent Hague Convention District Court Cases - Argueta v Lemus, 2022 WL 880039 (N.D. Mississippi, (2022))

Argueta v Lemus,  2022 WL 880039 (N.D. Mississippi, (2022))

[Honduras][ Parties stipulated Father established a prima facia case] [Mother had not established that Father consented or acquiesced to permanent removal of his minor son from Honduras. Mother failed to prove by clear and convincing evidence that the parties’ child would be subject to a grave risk of physical or psychological harm if the child were returned to Honduras. Mother’s assertions that Father was abusive toward her, including bruising her shoulder by grabbing it on one occasion and pushing her on to the bed, and pulling her hair on another, did not rise to the level of a grave risk of harm.  Mother failed to prove that returning the child to Honduras would place the child in an “intolerable situation.” Well-Settled defense not established. (Report and Recommendation that the petition be granted] 

  

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