In our International Child Abduction Blog we report Hague Convention Child Abduction Cases decided by the US Supreme Court, the Second Circuit Court of Appeals, Circuit Courts of Appeals, district courts and New York State Courts. We also provide information to help legal practitioners understand the basic issues, discover what questions to ask and learn where to look for more information when there is a child abduction that crosses country boarders.
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Monday, May 23, 2016
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]
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
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