Mexico][Petition granted][wrongful removal][no grave risk of harm]
Godinez v Godinez. 2023 WL 3727863, (D. New Jersey,
2023)
Petition against Respondent Levi Helem Morales Godinez seeking the return
of their three minor children, J.A., S.D., and E.M., to Mexico. The Petition was
granted. Godinez exercised his custody rights, and he met his burden of
demonstrating a prima facie case of wrongful removal under the
Convention. While the Court was sympathetic, it could not find clear and
convincing evidence that Morales’s limited testimony of domestic abuse,
standing alone, was sufficient to establish that the children would be at grave
risk of physical or psychological harm or otherwise in an intolerable situation
if they were returned to Mexico. There was no evidence of any abuse, neglect,
or violence directed toward any of the children.
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