Guzzo v. Hansen, Not Reported in Fed. Rptr., 2023 WL 8433557 (Eighth Circuit, 2023)[Spain][Petition granted]

 

In  Guzzo v. Hansen,  Not Reported in Fed. Rptr., 2023 WL 8433557 (Eighth Circuit,  2023) Erica Hansen, a United States citizen, appealed the district court’s order that her son with Fabrizio Guzzo be returned to Spain. The Eighth Circuit affirmed. Hansen argued that the district court erred in determining the record did not support her defenses to returning her son to Spain. This court discerned no error in the district court’s conclusion that Hansen failed to establish her son would face a grave risk of harm if returned to Spain. See Acosta v. Acosta, 725 F.3d 868, 874 (8th Cir. 2013) (standard of review); see also Nunez-Escudero v. Tice-Menley, 58 F.3d 374, 377 (8th Cir. 1995) (grave-risk inquiry only requires assessment of whether the child will face immediate and substantial risk of an intolerable situation if he is returned to habitual residence). The court discerned no error in the district court’s finding that, even if her son had attained sufficient maturity to consider his views, he did not express a particularized objection to living in Spain. See Custodio v. Samillan, 842 F.3d 1084, 1089 (8th Cir. 2016) (standard of review); see also Dubikovskyy v. Goun, 54 F.4th 1042, 1048 (8th Cir. 2022) (child’s preference or generalized desire to remain in United States is insufficient, as child’s testimony must include particularized objections to returning to former country).