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Friday, May 26, 2023

Recent Hague Convention District Court Cases - Garner v Harris, 2922 WL 193470066 (E.D. Texas, 2022)

 

[United Kingdom] [Petition denied][Grave Risk of Harm][Age and Maturity defense]

In Garner v Harris, 2922 WL 193470066 (E.D. Texas, 2022) Mr. Garner and Ms. Folsom were U.K. citizens. They were unmarried partners for nearly thirty years. During that time, they raised five children. Two of their children, R.G.H. and H.G.H., were the subject of this Petition. Although Mr. Garner and Ms. Folsom were separated, Mr. Garner continued living in Ms. Folsom’s house with their children until June 2021. Over the years, Mr. Garner’s mental instability, alcohol and drug abuse, anger problems, and suicidal nature frequently materialized into violent outbursts and controlling behavior. Mr. Garner subjected his family to a pattern of horrific physical and psychological abuse.

 

Mr. Garner had depression and anxiety. His depression was so severe that he could not work. Instead, Mr. Garner relied on mental disability benefits from the U.K. government as his source of income. Mr. Garner, in contradiction with his doctor’s instructions, no longer takes his antidepressant, Venlafaxine. Despite his mental health issues, Mr. Garner regularly drank alcohol and smoked marijuana. Mr. Garner had not informed his medical providers that he stopped taking his medication and continued to consume alcohol and marijuana. The Court found Mr. Garner subjected the Children to physical and psychological abuse. One of the children testified that he witnessed Mr. Garner slap H.G.H. He also testified that Mr. Garner would grab R.G.H. by the face and push his head into the wall. The Court heard corroborating testimony from the Children during in-camera interviews. R.G.H. stated that Mr. Garner slapped him and his brother.  R.G.H. also testified that on numerous occasions Mr. Garner would grab him by the face, covering his mouth, and smack his head against the wall. Similarly, H.G.H. recalled Mr. Garner slapping the brothers and hitting R.G.H.’s head against the wall. In addition to physical violence, Mr. Garner controlled and psychologically abused his family.  Mr. Garner also verbally abused the family. Mr. Garner terrorized his family with threats. On multiple occasions, Mr. Garner told R.G.H. “I’ll burn the house down with everyone in it. These statements caused R.G.H. to suffer from extreme panic and anxiety. R.G.H. would retreat to his room and think about how he could rescue his family members if Mr. Garner set the house on fire. H.G.H. did not feel safe with Mr. Garner in the House. Mr. Garner showed H.G.H. and R.G.H. his machete. H.G.H. feared Mr. Garner would use his machete to kill the family in the middle of the night while they slept. The Court found that returning the Children to live with Mr. Garner in the U.K. would expose them to a grave risk of physical and psychological harm and that there were no ameliorative measures.

 

          Through its in-camera interviews with R.G.H. and H.G.H., the Court found that the Children were both of sufficient age and maturity to object to returning to the U.K. to live with Mr. Garner, that the Children both explicitly made such an objection, and that the Children’s decisions were not products of undue influence.

 

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