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Monday, May 23, 2016

Alcala v Hernandez 2015 WL 4429425 (SD South Carolina, 2015) [Mexico] [Petition denied; now-settled defense established]


Delgado v Osuna, 2015 WL 5651352 (ED Texas, 2015) [Venezuela] [Petition denied].


Petitioner failed to satisfy his burden to show that there was wrongful removal and/or retention, and the Respondent proved by a preponderance of the evidence that Petitioner consented to the removal and/or retention of the children in the United States

Sabogal v. Velarde, 2015 WL 2452702 [D. Maryland][Peru] [Federal & State Judicial Remedies] [Petition conditionally granted]




Petition for return conditionally granted in this case where there was domestic abuse. Court finds grave risk of harm that return of children to father in Peru during pendency of custody proceedings would expose them to psychological harm or otherwise place them in an intolerable condition. Undertakings ordered as a condition of return.

Sabogal v. Velarde, 2015 WL 9906163 [D. Maryland] [Peru] [Federal & State Judicial Remedies] [Motion to find that Petitioner complied with undertakings order denied]



Motion to find that Petitioner complied with undertakings order denied


Madrigal v Tellez, 2015 WL5174046, (WD Texas, 2015) [Necessary Expenses and Costs] [Denied] ] [Clearly inappropriate]



Attorneys fees denied. Court declined to shift fees and costs to the mother because of (1) father’s conduct in, inter alia, filing for divorce while the mother and children were in the United States, which, in the Court’s view, meant] that the father came before the Court with unclean hands; and (2) while the mother was not blameless, there was] no indication that she had retained the Children in the United States with the hope of obtaining a more favorable custody determination.

Rehder v Rehder, 2015 WL 4624030 [WD Washington] [Necessary Expenses and Costs] [Denied] [Clearly inappropriate]




Attorney fees denied as clearly inappropriate where court found that the mother had “had a mistaken, but nevertheless good faith belief that the parties had agreed that she would take [the child] to the United States.” 

Carlos Javier Escobar Villatoro v Figueredo, 2015 WL 6150769 (MD Florida) [Guatemala] [Necessary Expenses and Costs] [Granted]



Attorneys fees and costs.  Referee recommended that necessary costs be granted in part