Recent Hague Convention District Court Cases - Rothman v Rothman 2022 WL 20208933 ( N.D. California,2022)

 [United Kingdom][Discovery motion to compel granted]

Rothman v Rothman 2022 WL 20208933 ( N.D. California,2022)

 Petitioner objected on relevance grounds to the production of documents responsive to the following discovery requests: Documents sufficient to show all real or personal property possessed by you, any corporate entity in which you hold at least a 50% ownership interest, or any trust for which you are either a settlor or beneficiary, which property was located within California between August 2020 and the present.;  Any state and federal tax returns filed by you in the United States for the years of 2020 and 2021; Any filings or submissions provided, or representations made, to any authority of the United Kingdom or any political entity therein with responsibility for taxation of income or assets. The relevant time period for this request was any year for which income obtained between January 1, 2020, and December 31, 2021, would be relevant to such filings, submissions, or representations. The Court held that Courts regularly consider tax return evidence in determining habitual residence under the Hague Convention. See, e.g., Silverman v. Silverman, 338 F.3d 886, 890 (8th Cir. 2003); Foster v. Foster, 429 F. Supp. 3d 589, 599, 609 (W.D. Wis. 2019); Hofmann v. Sender, 716 F.3d 282, 287-88 (2d Cir. 2013); Wild v. Eliot, 147 F. Supp. 3d 49, 51 (D. Conn. 2015); Sorenson v. Sorenson, 563 F. Supp. 2d 961, 965 (D. Minn. 2008). Similarly, ownership by one or both parents of property within the jurisdiction can be a relevant consideration. Gaudin v. Remis, 379 F.3d 631, 635 (9th Cir. 2004); Smith v. Smith, 976 F.3d 558, 560 (5th Cir. 2020). The Court concluded that the information sought by the Respondent was relevant and discoverable. The respondent’s motion to compel was granted.

 

 

Recent Hague Convention District Court Cases - Revelo v Cedeno, 625 F.Supp.3d 529 (W.D. Louisiana, 2022)

 [Ecuador][Habitual residence][Petition granted][No Grave risk of harm]

Revelo v Cedeno, 625 F.Supp.3d 529 (W.D. Louisiana, 2022)

The District Court held that the child’s place of habitual residence was Ecuador; the child’s removal violated the father’s rights of custody, for the purpose of deciding the petition; the father was exercising his custody rights at the time of the child’s removal, supporting petition; and evidence was insufficient to demonstrate that child faced grave risk of harm if returned to live with father in Ecuador. Petition granted.

Recent Hague Convention District Court Cases - Peyre v McGary, 2023 WL 3726728. (D. Arizona, 2023)

 [France][Petition granted][ Consent and Grave risk of harm not established]

Peyre v McGary, 2023 WL 3726728. (D. Arizona, 2023).

While living in France, Father, and Mother got married and had twins. On June 30, 2022, Mother flew to the United States with the Children while Father remained in France. Mother contended it was part of an agreed-to plan for her to permanently relocate to the United States with the Children as she and Father were considering whether to divorce, while Father contended it was a summer vacation from which Mother and the Children were expected to return. Mother’s primary defenses were that “Father consented and/or acquiesced to removal or retention of the Children from France to Arizona” and that the return of the Children would expose them to a grave risk of harm based on Father’s domestic violence against Mother and serious abuse or neglect against the Children. The Court concluded that Father was entitled to relief and Mother was required to return the Children to France. Mother had not come close to establishing that the Children would be exposed to a grave risk of physical or psychological harm if returned to France.

Recent Hague Convention District Court Cases - Peyre v McGarey, 2023 WL 4351544 (D. Arizona, 2023).

 [France][Petition granted][ Mother’s motion for reconsideration denied]

Peyre v McGarey, 2023 WL 4351544 (D. Arizona, 2023).

The Court ordered the Mother to return the parties’ twin children to France. The mother’s motion for reconsideration was denied.

Recent Hague Convention District Court Cases - Neiuwenhoven v Pisani, 2023 WL 3794568, (M.D. Florida, 2023)

 [Australia][Petition granted][ application for attorney’s fees and costs]

Neiuwenhoven v Pisani, 2023 WL 3794568, (M.D. Florida, 2023)

The Court found that the minor child was wrongfully removed from her country of habitual residence and was due to be returned. Upon referral of Petitioner’s application for attorney’s fees and costs recommended that Petitioner’s motion be granted in part and denied in part and that he should be awarded attorney’s fees and costs in the total amount of $45,210.30. This total recommended award reflects reductions for a reasonable attorney hourly rate and a 30% reduction for financial hardship considerations. The requested hourly rate for Ms. Lungarelli was reduced from $495 per hour to $300 per hour, and the requested hourly rate for Ms. Estevez was reduced from $400 per hour to $250 per hour. Respondent offered no documentation in support of her contentions about financial hardship. While she stated she is not working, she did not state she was incapable of working. Nonetheless, she had no doubt incurred considerable expense during this litigation, her earning potential was unclear, and issues relating to marital finances likely remain unresolved. Whatever her income, the potential fee award in this case would be a substantial portion of it. Moreover, in his reply to Respondent’s memorandum opposing the application for fees, Petitioner did not dispute Respondent’s assertions regarding hardship or regarding her strained financial circumstances

 

Recent Hague Convention District Court Cases - McElliott v McElliott 2023 WL 4764816 (D. New Jersey, 2023)

 [Ireland][ motion to appoint a guardian ad litem denied]

McElliott v McElliott 2023 WL 4764816  (D. New Jersey, 2023)

Respondent’s motion to appoint a guardian ad litem for the benefit of the minor child C.M. whom Petitioner seeks returned to Ireland was denied.

 

Recent Hague Convention District Court Cases - Lugo v Padilla. 2023 WL 3853546, (M.D. Florida, 2023)

 [Venezuela][Petition denied][Well-Settled]

Lugo v Padilla. 2023 WL 3853546, (M.D. Florida, 2023)

Recommends, that the Petition be denied. Upon weighing the totality of the factors—none of which weigh in favor of a finding that the child is not well-settled—the court founds that Respondent has carried her burden of proving that M is well-settled by a preponderance of the evidence. M was well-settled in this community. Over a year has passed since M was removed from Venezuela, and M is now a well-settled child. M has spent a substantial portion of his life in this community, setting down roots all the while. That M’s original removal was wrongful does not justify yet another uprooting. As the United States Supreme Court has explained, “the expiration of the 1 year opens the door to consideration of a third party’s interests, i.e., the child’s interest in settlement.” Lozano, 572 U.S. at 15. This is a case where M’s interest in being settled outweighed the return remedy.