Recent Hague Convention District Court Cases - Soterano v. Aponte, 2023 WL 3790895, (S.D. Florida,2023)

 [Venezuela][Petition denied][Well-settled]

Soterano v. Aponte, 2023 WL 3790895, (S.D. Florida,2023).

Petitioner, Adel Jose Sabbagh Soterano, sought the return of his son A.S.O. and his daughter R.S.O. to Venezuela. The Mother argued one of the Hague Convention exceptions applies, specifically that the Father was not exercising custodial rights, that the Children would be at risk of harm if they were to return, or because the Father’s filing is untimely, the Children are well-settled and object to returning to Venezuela. The Court found that the Father had established a prima facie case for return. However, because the Father’s petition was not filed within a year of removal and the Mother had met her burden in showing that the Children were well-settled in their new environment and prefer to live with their Mother, the Court denied the Petition.

 

Recent Hague Convention District Court Cases - Sarmiento v Morales. 2023 WL 3886075 (S.D. Texas, 2023)

 Ecuador][Petition denied][Grave risk of harm]

Sarmiento v Morales. 2023 WL 3886075  (S.D. Texas, 2023)

Petitioner by Victor Modesto Hernandez Morales for the return of his five-year-old son, VAHV (o Ecuador. In January 2022, when he was not yet four, VAHV was brought to the United States by his mother. The Court found that Petitioner met his burden of proving, by a preponderance of the evidence, that VAHV was wrongfully removed from Ecuador. the Court found that Respondent met her burden of proving, by clear and convincing evidence, that VAHV was at grave risk of being exposed to physical and psychological harm should the Court order his return to Ecuador. The Court declines to order a return. The Petition for Return was denied.

 

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