[Canada] [Fathers Petition for return granted] [ Motion for Petitioner’s Attorney’s Fees and Costs Pursuant to 22 USC § 9007(b)(3)]
In Romanov v. Soto, 2022 WL 3646325, (District Court, M.D. Florida, 2022) the Court found that under ICARA, the Father was presumptively entitled to a recovery of necessary expenses in this action because the Court ordered the return of the Children to Canada. The Mother had not presented any evidence that she believed in good faith that her actions were legal or justified. The Mother did not submit financial information and did not prove that any award of fees would be clearly inappropriate because of her financial circumstances. Rath v. Marcoski, 898 F.3d 1306, 1311 (11th Cir. 2018)) The Mother has not produced a financial affidavit. Nevertheless, the Court held that it may reconsider the Mother’s financial circumstances when determining the amount of fees to be awarded. The Mother could provide the Court with additional information regarding the question of whether awarding the full amount of the Father’s requested fees and expenses would be clearly inappropriate. The Mother had not demonstrated that any award of expenses would be clearly inappropriate. Therefore, the Court found that the Motion should be granted to the extent that the Father was entitled to an award of necessary expenses, “including court costs, legal fees, ... and transportation costs related to the return of the [Children].” 22 U.S.C. § 9007(b)(3). The Court directed the parties to confer as to the amount of expenses to be awarded, and the Father was given forty-five days to file a supplemental motion.
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