[Venezuela][Petition denied][Well-settled]
Soterano v. Aponte, 2023
WL 3790895, (S.D. Florida,2023).
Petitioner, Adel Jose Sabbagh Soterano, sought the return of his son A.S.O. and
his daughter R.S.O. to Venezuela. The Mother argued one of the Hague Convention
exceptions applies, specifically that the Father was not exercising custodial
rights, that the Children would be at risk of harm if they were to return, or
because the Father’s filing is untimely, the Children are well-settled and
object to returning to Venezuela. The Court found that the Father had
established a prima facie case for return. However, because the Father’s
petition was not filed within a year of removal and the Mother had met her
burden in showing that the Children were well-settled in their new environment
and prefer to live with their Mother, the Court denied the Petition.
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