Stovall v Gallegos, 2016 WL 1644897(D.Oregon, 2016) [Mexico] [Fees and Costs]

Action dismissed after child returned to Mexico. Award of $12,010 in attorneys fees not clearly inappropriate where respondent was retired as he was receiving a pension and the amount was reasonable in light of the purpose of attorneys fees under the  Convention is to deter violations of the convention. Loadstar approach utilized. Attorneys rate of $300 per hour was reasonable but rates of legal assistants were reduced from $175 and $125 to $100 because they did not provide information as to the reasonable hourly rates in Portland and did not provide information as to their experience as legal assistants. Costs are generally awarded to the prevailing party in a civil action unless the court directs otherwise. Fed R. Civ. P. 54(d). Costs are limited to those defined in 28 USC '1920. Costs of $3000 awarded to petitioner.

Sabogal v Paula Velarde 2016 WL 9906163 (WD Md., 2016) [Peru] [Petition Conditionally Granted]

 Petition for return was granted conditionally if  the following pre-conditions had been satisfied: 1. The October 2014 appeals court order of temporary custody in favor of Correa has been vacated and the underlying temporary custody order in favor of Velarde has been reinstated; 2. All pending criminal complaints, investigations, or charges in Peru against Velarde, initiated by or with the assistance of Correa, have been dismissed or closed; and 3. Correa agrees in writing to the undertakings listed in the accompanying Order. Although Correa had successfully arranged for the vacating of the temporary custody order in his favor and the dismissal of one of the criminal matters against Velarde, he had not arranged for the final dismissal of the Disobeying and Resisting Authority charge. Because Correa had not satisfied the conditions for entry of a final order to return the Children to Peru, his motion that he satisfied the conditions was denied.

Ochoa v Suarez 2016 WL 9647646 (WD Mich, 2016) [Mexico] [Guardian ad litem]

Report and recommendation of US Magistrate Judge that certain facts and law be considered established and that the court order the  guardian ad litem to report on the issues, including allegations of grave risk, age and degree of maturity, credibility, and potential undue influence. There is precedent for such appointment in Hague Convention cases. See, e.g., Lieberman v. Tabachnik, 625 F.Supp.2d 1109, 1114B15 (D.Colo.2008); Garcia v. Pinelo, 2015 WL 4910654, at *2B3 (N.D. Ill. Aug 16, 2015); Yaman v. Yaman, 730 F.3d 1, 6 (1st Cir.2013) (noting that the district court appointed a guardian ad litem to issue a report on the children's behalf); Bowen v. Bowen, 2014 WL 2154905, at *3 (W.D.Pa. May 22, 2014)].

Neuman v Neuman, 2016 WL 2864969 (ED Michigan) [Mexico] [Petition granted] [Habitual Residence]

 Almost four years in Mexico was sufficient to render Mexico the children's country of habitual residence. Indicators suggestive of acclimatization include social engagements, participation in sports programs and other excursions, meaningful connections with people and places,and most especially,academic activities, which are “among ‘the most central...in a child's life.’ Even though the Mexico assignment was a temporary one, Mexico was, both at the time of removal and for some years prior, the exclusive site of the children's day-to-day lives and experiences. It was in Mexico where the Neumanns maintained a home and a majority of their belongings.While respondent stressed that there was no settled intent to remain in Mexico permanently, this argument ignored that the Sixth Circuit has specifically rejected the notion that the parents' subjective intent should control.  The Sixth Circuit deplored this “subjective intent” approach, which “made seemingly easy cases hard and reached results that are questionable at best,” Robert, 507 F.3d at 990-991. 

Minette v Minette 2016 WL 491832 (SD Ohio, 2016) [Italy] [Fed & State Jud Rem] [Abstention]

Motion for abstention and stay pursuant Younger v. Harris, 401 U.S. 37 (1971). Motion granted.                                                                    

Mendoza v Esquivel 2016 WL 1436289 (SD Ohio, 2016) [Mexico] [Petition for Return Granted]

 Respondent failed to establish grave risk of harm defense. Respondent presented no evidence that the Children are aware of any incidents of abuse or Petitioner's prior alleged drug use. Respondent did not allege that Petitioner ever abused (either physically or verbally) the Children themselves or ever used drugs in their presence. The facts that Respondent never filed a police report, received medical care, sought social services, or took other action to document the alleged abuse weighs against a finding that any abuse exceeded the Arelatively minor@ category set forth in Simcox. Respondent failed to meet her burden in proving that Michoacán, Mexico was a zone of war, famine, or disease. The discrete examples of violence to which Respondent testified were insufficient to prove that the country of Mexico or the state of Michoacán pose a grave risk of harm to the Children upon their return. Respondent did not provide any evidence comparing the crime rates in Michoacán to those in Columbus, Ohio, or explain why the Children faced a greater risk of violence in Mexico than they face in the United States. The fact that the United States has issued a travel warning to citizens traveling to Michoacán, Mexico is insufficient to establish that Michoacán, Mexico is a war zone.

Mertens v Kleinsorge-Mertens 2016 WL 9943589 (D.NM, 2016 ) [Germany] [Petition for Return granted]

 Court held it was appropriated to examine Child in camera with law clerks and court reporter present.                    

Mendoza v Pascual 2016 WL 320951 (S.D. Georgia, 2016) [Mexico][Petition denied]

Court appointed a guardian ad litem for minor child who submitted a report to the Court and testified briefly. There was insufficient evidence that Mexico ever became A.M.'s habitual residence. Therefore, the retention of A.M. in Illinois in August 2014 was not a wrongful retention within the meaning of Article 3 of the Hague Convention and without a wrongful retention, this Court has no authority to order the child to be returned to Mexico.

Application of Martinez v Fuentes, 2016 WL 1734107 (WD Oklahoma) [Mexico] [Equitable jurisdiction]

The district court found that the Petitioner established his prima facie case, and that there  was an insufficient factual basis to conclude by clear and convincing evidence that there was a grave risk of harm to the Children if they were returned to Mexico,. The Court declined to exercise its limited discretion under the Hague Convention and ICARA to refuse to return the Children to their country of habitual residence. 

Lamire v Audette 2016 WL 452317 (MD Fla, 2016 ) [Canada] (Costs)

 Recommended attorneys fee award of $3,839.88 was reduced by $670.00, for a fee award of $3,169.88 and a total award of fees, costs, and expenses of $4,547.84.

In Re K.J 2016 WL 874360 (SD Fla, 2016) [Sweden] [Petition granted] [now settled defense not established]

 Although more than one year passed between the date of wrongful removal and the date of filing the Court found that K.J.  was not now settled in his new environment. Age and maturity defense not established where 11 year old child, was found sufficiently mature that his views should be taken into account and did not object to returning to Sweden. At most, K.J. was ambivalent as to whether to remain in the United States or return to Sweden. Such ambivalence in K.J.'s wishes with respect to returning to Sweden was insufficient to meet Respondent's burden of proof as to this exception.

Guevara v Soto, 2016 WL 1558384 (E.D. Tenn, 2016) [Mexico] [Petition granted]

 Defendant did not prove that plaintiff consented to or subsequently acquiesced in the child's removal or retention. Although the child was removed from Mexico to the United States more than a year before the petition was filed the child was not now settled in his new environment; nor did she establish the  Agrave risk exception. While defendant alleged that she was fearful to return to Mexico, she did not prove that there was a grave risk of harm that returning the child to Mexico would either place him in danger prior to resolution of a custody hearing or subject him to serious abuse or neglect from plaintiff. She did not allege that plaintiff abused the child or that the Mexican courts would be unwilling or incapable of protecting the child during the pendency of a custody hearing, or that she would be denied due process of law for a custody hearing in Mexico. 

Godoy v De Batres 2016 WL 397471 (D.Colo, 2016 ) [El Salvador] [Fees & Expenses]

 Petitioner awarded costs as necessary expenses for filing and service fees ($564.50); translation costs ($523.30); and interpreter services ($850.00).