[Brazil][Petition granted]
Junior v de Sousa 2023 WL 4228163 (N.D. Ohio
2023)
Petitioner Jose Junior sought an order compelling the return of his
seven-year-old child, A.S.C., to Brazil. Petition granted. Jose Junior
established a prima facie case of wrongful removal. Aline had not why a grave
risk of harm would exist if A.S.C. returns. Aline also has not shown that
Brazil would be incapable or unwilling to give A.S.C. adequate protection if it
is later needed. Ferreira de Sousa’s grave risk defense failed. The Court
similarly rejected Ferreira de Sousa’s argument that the United States human
rights principles bar the return of A.S.C. This public policy defense should
only be invoked only on “ ‘the rare occasion that return of a child would
utterly shock the conscience of the court or offend all notions of due
process.’ ” Ferreira de Sousa
has not met that high standard.
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