Recent Hague Convention District Court Cases - Junior v De Sousa. 2023 WL 4725909 (N.D. Ohio, 2023).

 [Brazil][Petition granted][Motion for reconsideration and stay pending appeal denied]

Junior v De Sousa. 2023 WL 4725909  (N.D. Ohio, 2023).

Petitioner Edward Jose Junior (“Jose Junior”) brought a petition seeking an order compelling the return of his child, A.S.C., to Brazil. In 2020, his ex-wife and A.S.C.’s mother, Respondent Aline Ferreira de Sousa wrongfully removed A.S.C. from Brazil. On June 27, 2023, this Court granted Jose Junior’s petition and issued a return order. Respondent Ferreira de Sousa asked the Court (1) to reconsider the return order on two grounds and (2) to stay the return order pending appeal. Motion denied.

 

Recent Hague Convention District Court Cases - Junior v de Sousa, 2023 WL 4228163 (N.D. Ohio 2023)

 [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.

Recent Hague Convention District Court Cases - Godinez v Godinez. 2023 WL 3727863, (D. New Jersey, 2023)

 Mexico][Petition granted][wrongful removal][no grave risk of harm]

Godinez v Godinez. 2023 WL 3727863, (D. New Jersey, 2023)

Petition against Respondent Levi Helem Morales Godinez seeking the return of their three minor children, J.A., S.D., and E.M., to Mexico. The Petition was granted. Godinez exercised his custody rights, and he met his burden of demonstrating a prima facie case of wrongful removal under the Convention. While the Court was sympathetic, it could not find clear and convincing evidence that Morales’s limited testimony of domestic abuse, standing alone, was sufficient to establish that the children would be at grave risk of physical or psychological harm or otherwise in an intolerable situation if they were returned to Mexico. There was no evidence of any abuse, neglect, or violence directed toward any of the children. 

Recent Hague Convention District Court Cases - Godinez v Godinez, 2023 WL 4295763 (D. New Jersey, 2023)

 [Mexico][Petition granted][Stay pending appeal denied]

Godinez v Godinez, 2023 WL 4295763 (D. New Jersey, 2023)

Stay pending appeal denied.

Recent Hague Convention District Court Cases - De Costa v De Lima, 2023 WL 4049378 (D. Massachusetts, 2023).

 [Brazil][Petition denied][Well-Settled]

De Costa v De Lima, 2023 WL 4049378 (D. Massachusetts, 2023).

Petition for the return of six-year-old son to Brazil. T.F. was currently living in Martha’s Vineyard, Massachusetts. The Court found that T.F. was well settled in the United States and would not order his return to Brazil, It did not reach the issue of whether his return would put T.F. at grave risk of harm.

Recent Hague Convention District Court Cases - Chavnov v Chavnova, 2023 WL 4111369 (C.D. California. 2023)

 

Chavnov v Chavnova, 2023 WL 4111369 (C.D. California. 2023)

Petition to Return of the Child to Mexico. The petitioner was ordered to show cause why this cause should not be dismissed for failure to prosecute and comply with court orders. The petitioner may discharge the Order to Show Cause by serving Respondent in accordance with 22 U.S.C. § 9003(c) and California law governing service and filing adequate proof of service by July 12, 2023.

Recent Hague Convention District Court Cases -Argueta v Argueta-Ugalde 2023 WL 4206071(E.D. Michigan, 2023)

  

Argueta v Argueta-Ugalde 2023 WL 4206071(E.D. Michigan, 2023).

The Court granted the Petition to have minor child, M.A., returned to Brazil. Petitioner’s Motion for Attorneys’ Fees and Costs granted in part. Attorneys’ fees for Alvarez for 107.5 hours at $350 per hour for a total of $37,625; Attorneys’ fees for Grauman for 36.2 hours at $325 per hour for a total of $11,765; Paralegal fees for 92.1 hours at $135 per hour for a total of $12,433.50. Petitioner was entitled to an award of $61,823.50 in attorneys’ fees.