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Sunday, August 6, 2023

Recent Hague Convention District Court Cases - Sarmiento v Morales. 2023 WL 3886075 (S.D. Texas, 2023)

 Ecuador][Petition denied][Grave risk of harm]

Sarmiento v Morales. 2023 WL 3886075  (S.D. Texas, 2023)

Petitioner by Victor Modesto Hernandez Morales for the return of his five-year-old son, VAHV (o Ecuador. In January 2022, when he was not yet four, VAHV was brought to the United States by his mother. The Court found that Petitioner met his burden of proving, by a preponderance of the evidence, that VAHV was wrongfully removed from Ecuador. the Court found that Respondent met her burden of proving, by clear and convincing evidence, that VAHV was at grave risk of being exposed to physical and psychological harm should the Court order his return to Ecuador. The Court declines to order a return. The Petition for Return was denied.

 

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