[France][Petition granted][ Consent and Grave risk of harm not established]
Peyre v McGary, 2023 WL 3726728. (D. Arizona, 2023).
While living in France, Father, and Mother got married and had twins. On June
30, 2022, Mother flew to the United States with the Children while Father
remained in France. Mother contended it was part of an agreed-to plan for her
to permanently relocate to the United States with the Children as she and
Father were considering whether to divorce, while Father contended it was a
summer vacation from which Mother and the Children were expected to return.
Mother’s primary defenses were that “Father consented and/or acquiesced to
removal or retention of the Children from France to Arizona” and that the
return of the Children would expose them to a grave risk of harm based on
Father’s domestic violence against Mother and serious abuse or neglect against
the Children. The Court concluded that Father was entitled to relief and Mother
was required to return the Children to France. Mother had not come close to
establishing that the Children would be exposed to a grave risk of physical or
psychological harm if returned to France.
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